What is a derivation proceeding in patent law?

A derivation proceeding is a legal process in patent law that allows an applicant to challenge an earlier-filed patent application by claiming that the named inventor in the earlier application derived the invention from the applicant’s inventor without authorization.

According to MPEP 2310.01, the statutory basis for derivation proceedings is found in 35 U.S.C. 135, which states:

“An applicant for patent may file a petition with respect to an invention to institute a derivation proceeding in the Office. The petition shall set forth with particularity the basis for finding that an individual named in an earlier application as the inventor or a joint inventor derived such invention from an individual named in the petitioner’s application as the inventor or a joint inventor and, without authorization, the earlier application claiming such invention was filed.”

This process is designed to ensure that patents are granted to the true inventor of an invention.

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Topics: MPEP 2300 - Interference And Derivation Proceedings, MPEP 2310.01 - Statutory Basis, Patent Law, Patent Procedure
Tags: Derivation Proceeding, patent law, USPTO