What are extraordinary remedies in a derivation proceeding?
Extraordinary remedies in a derivation proceeding are special measures that the Patent Trial and Appeal Board (PTAB) may include in its judgment. These remedies can have significant impacts on the application or patent. As mentioned in MPEP 2315:
“It is possible that extraordinary remedies might be provided for by the Board in its judgment. For example, inventorship of an application might be changed, as well as ownership, and as a consequence the application or patent’s correspondence address and representatives may need to be updated.”
These remedies can include changes to inventorship, ownership, and other critical aspects of the patent or application. Examiners are advised to consult a Technology Center Practice Specialist if questions arise regarding such remedies.
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