MPEP Q&A 85: Board on Deferring Action on a Petition for a Derivation Proceeding - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006
from 2017-04-11T14:04:37
Question: Can the Board defer action on a petition for a derivation proceeding? Answer: The Patent Trial and Appeal Board may defer action on a petition for a derivation proceeding until the expiration of the 3-month period beginning on the date on which the Director issues a patent that includes the claimed invention that is the subject of the petition. The Patent Trial and Appeal Board also may defer action on a petition for a derivation proceeding, or stay the proceeding after it has been instituted, until the termination of a proceeding under chapter 30, 31, or 32 involving the patent…
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