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The derivation trial proceeding is a new AIA trial proceeding before the Patent Trial and Appeal Board that addresses first inventor-to-file issues. The Board will find whether or not a claimed invention was, in fact, derived from an invention identified in the petitioner’s application.
The new derivation proceedings will ultimately supplant the patent interference proceedings that remain in effect for patent claims filed before March 16, 2013. Derivation proceeding petitions must be supported by substantial evidence and must be filed within one year of the first publication of a petitioner’s claim to an invention.
Highly experienced in patent interference proceedings, the Cantor Colburn Post-Grant Proceedings Practice team is ideally positioned to help clients meet their goals through the new derivation proceedings.