Where can I find information about derivation proceedings at the USPTO?

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.

The MPEP 2314 provides guidance on where to find information about derivation proceedings at the USPTO. It states:

“For further information, see 37 CFR part 42, subpart E; see also the Board’s Patent Trial Practice Guide available at www.uspto.gov/patents-application-process/appealing-patent-decisions/resources/board-trial-rules-and-practice.”

To learn more about derivation proceedings, you should consult:

• The Code of Federal Regulations (37 CFR part 42, subpart E)
• The USPTO’s Patent Trial Practice Guide

These resources provide comprehensive information on the rules, procedures, and practices related to derivation proceedings before the Patent Trial and Appeal Board (PTAB).