MPEP Q&A 178: What is the Difference Between Derivation and Priority of Invention? - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006
from 2019-08-06T14:02:43
Question: What is the difference between derivation and priority of invention? Answer: Derivation and priority of invention both focus on inventorship. Derivation addresses originality, i.e., who invented the subject matter, whereas priority focuses on which party invented the subject matter first. Chapter Details: The answer to this question can be found in chapter 2100 of the MPEP. This chapter covers patentability. The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions. Section Summary: This question and answer comes from…
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