What action does the Board take when it receives a petition for derivation?
When the Patent Trial and Appeal Board (PTAB) receives an appropriate petition for derivation, it takes a specific action as outlined in MPEP 2311:
“Where an appropriate petition for derivation has been received by the Board, the Board will enter a notice into the respondent’s application or patent file, if it has issued.”
This notice serves to inform all parties involved that a derivation proceeding has been initiated. It’s an important step in the process, as it officially acknowledges the receipt of the petition and marks the beginning of the derivation proceeding.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2311 - Consult A Technology Center Practice Specialist,
Patent Law,
Patent Procedure