How does a derivation proceeding affect other USPTO proceedings for the involved patent or application?
When a derivation proceeding is instituted, it generally suspends other USPTO proceedings involving the same patent or application. MPEP 2313 states:
“Other proceedings for the involved file within the Office are suspended except as the Board may order.”
This means that ongoing examination, reexamination, or other proceedings at the USPTO are put on hold once the Patent Trial and Appeal Board (PTAB) initiates a derivation proceeding. However, the PTAB has the discretion to allow certain actions or proceedings to continue if deemed necessary.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2313 - Action Once A Derivation Proceeding Is Instituted,
Patent Law,
Patent Procedure