Who can file a petition for a derivation proceeding?
According to MPEP 2310.01, an applicant for a patent can file a petition to institute a derivation proceeding. Specifically, the statute states: “An applicant for patent may file a petition with respect to an invention to institute a derivation proceeding in the Office.” This means that if you are an applicant who believes that your…
Read MoreHow does the USPTO determine whether to institute a derivation proceeding?
The U.S. Patent and Trademark Office (USPTO) follows specific criteria to determine whether to institute a derivation proceeding. According to MPEP 2310: “The petition, and any supplemental information filed, will be reviewed to determine whether they set forth a basis for instituting a derivation proceeding.“ The USPTO considers several factors, including: Whether the petition is…
Read MoreWhat is the process for restoring the benefit of a provisional application after the 12-month deadline?
The process for restoring the benefit of a provisional application after the 12-month deadline involves filing a petition under 37 CFR 1.78(b). This petition must be filed in the subsequent application (nonprovisional or international application designating the US) within 14 months of the provisional application’s filing date. The MPEP outlines the requirements: “A petition under…
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