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…
Read MoreWhat is the primary purpose of a derivation proceeding?
The primary purpose of a derivation proceeding is to determine the true inventor of a claimed invention when there is a dispute between two patent applications. This is outlined in MPEP 2310.01, which cites 35 U.S.C. 135(b): “In a derivation proceeding instituted under subsection (a), the Patent Trial and Appeal Board shall determine whether an…
Read MoreWhat is the difference between derivation proceedings and interference proceedings?
Derivation proceedings and interference proceedings are both related to patent disputes, but they serve different purposes and apply to different patent regimes. The key differences are: Applicable Law: Derivation proceedings are part of the America Invents Act (AIA) and apply to patents under the first-inventor-to-file system. Interference proceedings were part of the pre-AIA system. Purpose:…
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