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
Tags: Derivation Proceeding, petition requirements, USPTO