How does a derivation proceeding affect other USPTO proceedings for the involved patent or application?
When a derivation proceeding is instituted, it generally suspends other USPTO proceedings involving the same patent or application. MPEP 2313 states: “Other proceedings for the involved file within the Office are suspended except as the Board may order.” This means that ongoing examination, reexamination, or other proceedings at the USPTO are put on hold once…
Read MoreWhat actions can the USPTO take after a patent has been granted?
Once a patent has been granted, the U.S. Patent and Trademark Office (USPTO) has limited authority to take action concerning it. MPEP 1305 states: “Once the patent has been granted, the U.S. Patent and Trademark Office can take no action concerning it, except as provided in 35 U.S.C. 135, 35 U.S.C. 154, 35 U.S.C. 156,…
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