What actions take place at the Board during a derivation proceeding?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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
• The Board’s Patent Trial Practice Guide