MPEP § 2310.01 — Statutory Basis (Annotated Rules)
§2310.01 Statutory Basis
USPTO MPEP version: BlueIron's Update: 2025-12-31
This page consolidates and annotates all enforceable requirements under MPEP § 2310.01, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Statutory Basis
This section addresses Statutory Basis. Primary authority: 35 U.S.C. 135. Contains: 1 requirement.
Key Rules
Topic
Derivation Proceedings (AIA)
1 rules
StatutoryRequiredAlways
[mpep-2310-01-c9b77d7c5dbfa7e8340346e6]
Petition for Derivation Proceeding
Note:
An applicant may file a petition to initiate a derivation proceeding if they believe an inventor named in an earlier application derived the invention from another named inventor without authorization.
(a) INSTITUTION OF PROCEEDING.—
- (1) IN GENERAL.— An applicant for patent may file a petition with respect to an invention to institute a derivation proceeding in the Office. 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. Whenever the Director determines that a petition filed under this subsection demonstrates that the standards for instituting a derivation proceeding are met, the Director may institute a derivation proceeding.
Jump to MPEP SourceDerivation Proceedings (AIA)Director Authority and Petitions (MPEP 1000)
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2310.01 — Statutory Basis
Source: USPTO2310.01 Statutory Basis [R-08.2017]
35 U.S.C. 135 Derivation Proceedings.
- (a) INSTITUTION OF PROCEEDING.—
- (1) IN GENERAL.— An applicant for patent may file a petition with respect to an invention to institute a derivation proceeding in the Office. 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. Whenever the Director determines that a petition filed under this subsection demonstrates that the standards for instituting a derivation proceeding are met, the Director may institute a derivation proceeding.
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- (b) DETERMINATION BY PATENT TRIAL AND APPEAL BOARD.— In a derivation proceeding instituted under subsection (a), the Patent Trial and Appeal Board shall determine whether an inventor named in the earlier application derived the claimed invention from an inventor named in the petitioner’s application and, without authorization, the earlier application claiming such invention was filed. In appropriate circumstances, the Patent Trial and Appeal Board may correct the naming of the inventor in any application or patent at issue. The Director shall prescribe regulations setting forth standards for the conduct of derivation proceedings, including requiring parties to provide sufficient evidence to prove and rebut a claim of derivation.