Who can file a petition for a derivation proceeding?
According to MPEP 2310.01, an applicant for a patent can file a petition to institute a derivation proceeding. Specifically, the statute states:
“An applicant for patent may file a petition with respect to an invention to institute a derivation proceeding in the Office.”
This means that if you are an applicant who believes that your invention has been derived by another party without authorization, you have the right to file a petition for a derivation proceeding with the United States Patent and Trademark Office (USPTO).
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2310.01 - Statutory Basis,
Patent Law,
Patent Procedure