MPEP § 1449.03 — Reissue Application in Derivation Proceeding
Ninth Edition, Revision 01.2024 · last revised R-08.2017
[Editor Note: This section is only applicable to reissue applications subject to 35 U.S.C. 102 as amended by the AIA. See MPEP § 2159 et seq.]
Effective March 16, 2013, an applicant for patent, including a reissue applicant, may file a petition to institute a derivation proceeding in the Office in applications subject to derivation proceedings. See 37 CFR 42.402. For processing of derivation proceedings, see MPEP § 2310.
Cited authority
- 35 U.S.C. 102 Conditions for patentability; novelty
- 2159 Applicability Date Provisions and Determining Whether an Application Is Subject to the First Inventor To File Provisions of the AIA
- 37 CFR 42.402 Who may file a petition for a derivation proceeding
- 2310 Derivation Proceedings
- 1449 Protest Filed in Reissue Where Patent Is in Interference or Contested Case