37 CFR § 42.408 — Institution of derivation (MPEP Coverage Index) – BlueIron IP
37 CFR § 42.408 Institution of derivation
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 42.408, including 2 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Official MPEP § 42.408 — Institution of derivation
Source: USPTOLast Modified: 10/30/2024 08:50:22
42.408 Institution of derivation proceeding.
- (a) An administrative patent judge institutes, and may as necessary reinstitute, the derivation proceeding on behalf of the Director.
- (b) Additional derivation proceeding. The petitioner may suggest the addition of a patent or application to the derivation proceeding. The suggestion should make the showings required under § 42.405 and explain why the suggestion could not have been made in the original petition.
[Added 77 FR 56068, Sept. 11, 2012, effective Mar. 16, 2013]