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Derivation Proceedings

Derivation proceedings are a post-AIA trial proceeding designed to take the place of interference proceedings for applications and patents having effective filing dates on or after March 16, 2013.  The purpose of the proceeding is to determine whether (1) an inventor named in an earlier application derived the claimed invention from an inventor named in the petitioner’s application, and (2) the earlier application claiming such invention was filed without authorization.  An applicant subject to the first-inventor-to-file provisions may file a petition to institute a derivation proceeding only within 1 year of the first publication of a claim to an invention that is the same or substantially the same as the earlier application’s claim to the invention.