Patent Derivation Proceedings

What It Is

Derivation proceedings provide an exception to the otherwise absolute first-to-file provisions of the AIA. For patent applications having an effective filing date on or after March 16, 2013, the derivation proceeding is available to an inventor who believes that an earlier-to-file patent applicant derived the invention without authorization. Although derivation proceedings are new, derivation of an invention is an often-raised issue in interferences in cases involving some element of collaboration. Who conceived the invention and when are important components of both priority of invention and derivation of an invention.

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How Bold Patents Handles Derivation Proceedings

Our attorneys are well-versed in law and technology. Bold Patents attorneys are well versed in many technology fields including Software Physics, Microbiology, Chemistry, and Mechanical, Electrical, Industrial and Aeronautical Engineering. Our Patent Attorneys have recently sat for the most recent AIA Patent Bar which tests the intricate details of the Post-Grant proceedings including Derivation Proceedings. With knowledge of the technology and razor sharp knowledge of the law, Bold Patents is well-positioned to help you with your next Derivation Proceeding.