MPEP § 2310 — Derivation Proceedings
Ninth Edition, Revision 01.2024 · last revised R-08.2017
A derivation proceeding is a trial proceeding under 35 U.S.C. 135 conducted at the Board to determine whether (i) an inventor named in an earlier application derived the claimed invention from an inventor named in the petitioner’s application, and (ii) the earlier application claiming such invention was filed without authorization. Derivation proceedings are only applicable to applications for patent, and any patent issuing thereon that are subject to first-inventor-to-file provisions of the America Invents Act (AIA). An applicant subject to the first-inventor-to-file provisions may file a petition to institute a derivation proceeding with the Board.
Contents
Cited authority
Cited by
- 1449.03 Reissue Application in Derivation Proceeding
- 2132.01 Overcoming a Pre-AIA 35 U.S.C. 102(a) Rejection based on a Printed Publication or Patent
- 2137 Pre-AIA 35 U.S.C. 102(f)
- 2157 Improper Naming of Inventors
- 2301 Interference Proceedings
- 2310.02 Definitions
- 715.01(c) Reference Is Publication of Inventor’s Own Invention
- 716.10 Attribution Affidavit or Declaration to Overcome Rejection Under Pre-AIA 35 U.S.C. 102 or 103