What is the scope of MPEP Chapter 2300 regarding derivation proceedings?
MPEP Chapter 2300 provides information on interference and derivation proceedings, but it’s important to note its limitations regarding actions at the Board during derivation proceedings. According to MPEP 2314:
“Action at the Board during a derivation proceeding is beyond the scope of this Chapter.”
This means that while MPEP Chapter 2300 covers various aspects of interference and derivation proceedings, it does not provide detailed information on the specific actions that occur at the Patent Trial and Appeal Board (PTAB) during a derivation proceeding. For comprehensive information on Board actions in derivation proceedings, you should refer to the resources mentioned in MPEP 2314, such as the CFR and the USPTO’s Patent Trial Practice Guide.
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