What is the time limit for filing a petition for a derivation proceeding?
The time limit for filing a petition for a derivation proceeding is specified in MPEP 2310 and 35 U.S.C. 135(a). According to these sources:
“A petition for a derivation proceeding must be filed within 1 year of the first publication of a claim to an invention that is the same or substantially the same as the earlier application’s claim to the allegedly derived invention.“
It’s crucial for petitioners to be aware of this strict time limit to ensure they don’t miss the opportunity to initiate a derivation proceeding.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2310 - Derivation Proceedings,
Patent Law,
Patent Procedure