What is the role of the Patent Trial and Appeal Board (PTAB) in derivation proceedings?
The Patent Trial and Appeal Board (PTAB) plays a central role in derivation proceedings. As stated in MPEP 2310:
“A derivation proceeding is a trial proceeding under 35 U.S.C. 135 conducted at the Board to determine whether (i) an inventor named in an earlier application derived the claimed invention from an inventor named in the petitioner’s application, and (ii) the earlier application claiming such invention was filed without authorization.”
The PTAB’s responsibilities in derivation proceedings include:
- Receiving and evaluating petitions for derivation proceedings
- Conducting the trial proceeding
- Determining whether the claimed invention was derived from the petitioner’s inventor
- Deciding if the earlier application was filed without proper authorization
- Issuing final decisions on the matter
In essence, the PTAB serves as the adjudicating body for derivation proceedings, overseeing the entire process from petition to final decision.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2310 - Derivation Proceedings,
Patent Law,
Patent Procedure