How does a judgment in a derivation proceeding affect patent claims?
A judgment in a derivation proceeding can have significant effects on patent claims. According to MPEP 2315: “Judgment against a claim in a derivation proceeding finally disposes of the claim. No further action is needed from the examiner on that claim.” This means that if a claim is judged against in a derivation proceeding, it…
Read MoreHow does a derivation proceeding affect the examination of patent applications?
A derivation proceeding can significantly affect the examination of patent applications in several ways. As outlined in MPEP 2315, after a derivation proceeding is decided: Jurisdiction returns to the examiner. The examiner must consider any recommendations for further action. Prosecution may need to be reopened to consider recommendations or enter recommended rejections. The examiner must…
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