How does a judgment in a derivation proceeding affect patent claims?

A judgment in a derivation proceeding can have significant effects on patent claims. According to MPEP 2315:

“Judgment against a claim in a derivation proceeding finally disposes of the claim. No further action is needed from the examiner on that claim.”

This means that if a claim is judged against in a derivation proceeding, it is considered finally disposed of, and the examiner does not need to take any further action on that specific claim. However, for claims not disposed of in the judgment, the examiner may need to update the search and reopen prosecution where appropriate.

To learn more:

• derivation proceeding
• patent claims
• judgment effects
• claim disposition