What is the purpose of a derivation proceeding?

The purpose of a derivation proceeding is twofold, as outlined in MPEP 2310:

“A derivation proceeding is a trial proceeding under 35 U.S.C. 135 conducted at the Board to determine whether (i) an inventor named in an earlier application derived the claimed invention from an inventor named in the petitioner’s application, and (ii) the earlier application claiming such invention was filed without authorization.”

In simpler terms, a derivation proceeding aims to:

• Determine if the inventor named in an earlier application derived their invention from the petitioner’s inventor
• Establish whether the earlier application was filed without proper authorization

This process helps protect the rights of true inventors and ensures the integrity of the patent system under the first-inventor-to-file provisions of the AIA.

To learn more:

• derivation proceeding
• patent trial
• PTAB
• AIA
• first-inventor-to-file
• patent dispute