What happens after a derivation proceeding is decided?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. After a derivation proceeding is decided, jurisdiction over the application returns to the examiner. The examiner must consider any recommendations for further action and may need to reopen prosecution. As stated in MPEP 2315 : “If there is a recommendation for further action in the application, the examiner must reopen prosecution to consider the recommendation. The examiner must enter any recommended rejection, and must maintain the rejection unless the applicant by amendment or submission of new evidence overcomes the rejection to the examiner’s satisfaction.” The examiner may also need to update the search and reopen prosecution for any claims not disposed of in the judgment. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner Must Reopen Prosecution for Further Action MPEP 2315 Required Examiner Must Reopen After Derivation Proceeding MPEP 2315 Examiner Must Maintain Rejection Unless Overcome MPEP 2315 Required Claim Disposition After Derivation Proceeding MPEP 2315 Consult Specialist on Derivation Proceeding Remedies MPEP 2315 Recommended Update Search for Unresolved Claims After Derivation Proceeding MPEP 2315 Recommended No Further Examiner Action Required After Derivation Proceeding MPEP 2315 Notice of Abandonment Required When No Claims Remain Allowable MPEP 2315 Recommended Extraordinary Remedies May Be Provided by Board MPEP 2315 Inventorship and Ownership Changes Require Address Updates MPEP 2315 Permitted Other Related FAQs 5 FAQs Collapse How does a derivation proceeding affect the examination of patent applications? How does a judgment in a derivation proceeding affect patent claims? What are extraordinary remedies in a derivation proceeding...