What is the role of a Technology Center Practice Specialist in derivation proceedings?

A Technology Center Practice Specialist plays an important advisory role in handling complex issues that may arise from derivation proceedings. According to MPEP 2315: “Examiners should consult a Technology Center Practice Specialist if any questions arise regarding remedies provided for in a derivation proceeding.” This guidance suggests that Technology Center Practice Specialists are resources for…

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What should an examiner do when they find allowable subject matter in a derivation proceeding?

When an examiner finds allowable subject matter in an application involved in a derivation proceeding, they should follow specific guidelines as outlined in MPEP 2311: “When the examiner has determined that either the petitioner’s or the respondent’s application (where applicable) has allowable subject matter with respect to any claim, the examiner should refrain from taking…

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