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How does a judgment in a derivation proceeding affect patent claims?

By russ.krajec@blueironip.com | September 29, 2024

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…

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