What actions take place at the Board during a derivation proceeding?
Actions at the Board during a derivation proceeding are beyond the scope of MPEP Chapter 2300. The MPEP 2314 states: “Action at the Board during a derivation proceeding is beyond the scope of this Chapter.” For detailed information on Board actions during derivation proceedings, refer to the following resources: 37 CFR part 42, subpart E…
Read MoreWhat is the process for waiving or suspending rules in patent trials?
The process for waiving or suspending rules in patent trials involves filing a motion as described in 37 CFR 41.104(b). According to MPEP 1002.02(g): “2. Motion to waive or suspend any rule in Subpart D of part 41 of title 37 CFR. See 37 CFR 41.104(b).” This motion is decided by Administrative Patent Judges. It…
Read MoreWhat types of petitions are decided by Administrative Patent Judges?
Administrative Patent Judges decide several types of petitions, including: Certification of policy questions Motions to waive or suspend rules in patent trials Declarations and re-declarations of interferences Institutions of derivation proceedings Motions to suspend interferences involving patents under reexamination As stated in MPEP 1002.02(g), these decisions are made in accordance with specific regulations such as…
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