MPEP Q&A 101: Petition for a Derivation Proceeding - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006

from 2017-08-01T14:04:53

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Question: What must a petition for a derivation proceeding provide? Answer: In a petition for a derivation proceeding, the petitioner must: (i) identify which application or patent is disputed; and (ii) provide at least one affidavit addressing communication of the derived invention and the lack of authorization for filing the earlier application. Chapter Details: The answer to this question can be found in the PTO supplement known as, “Derivation Proceeding Final Rules”. This supplement covers derivation proceedings. This is a special supplement that at the time of this recording is currently being tested on the Patent Bar exam. Section Summary:…


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