What must be included in a derivation proceeding petition?
A petition for a derivation proceeding must contain specific information to be considered by the USPTO. According to MPEP 2310.01, which cites 35 U.S.C. 135(a)(1):
“The petition shall set forth with particularity the basis for finding that an individual named in an earlier application as the inventor or a joint inventor derived such invention from an individual named in the petitioner’s application as the inventor or a joint inventor and, without authorization, the earlier application claiming such invention was filed.”
In simpler terms, your petition must:
- Clearly identify the invention in question
- Name the individual(s) in the earlier application who allegedly derived the invention
- Explain how the invention was derived from the petitioner’s inventor
- Provide evidence that the earlier application was filed without authorization
- Include any other relevant details to support the claim of derivation
It’s crucial to provide sufficient evidence and details to meet the standards for instituting a derivation proceeding.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2310.01 - Statutory Basis,
Patent Law,
Patent Procedure