§ 42.408 Institution of derivation proceeding.
§ 42.402 Who may file a petition for a derivation proceeding.
Whenever the Director determines that a petition filed under this subsection demonstrates that the standards for instituting a derivation proceeding are met, the Director may institute a derivation proceeding.
A determination by the Director whether to institute a derivation proceeding under paragraph (1) shall be final and not appealable.
L. 112 29, § 3 j)(1), (2)(A), (4), amended section catchline generally, substituting "Civil action in case of derivation proceeding" for "Civil action in case of interference", and substituted in text "a derivation proceeding" for "an interference", "Patent Trial and Appeal Board" for "Board of Patent Appeals and Interferences", and "the derivation proceeding" for "the interference".
In the phase theory, syntactic derivations proceed by phase derivations take place successively and cyclically from a lower phase to the next higher phase(s).
An applicant for patent may file a petition with respect to an invention to institute a derivation proceeding in the Office.
Each appeal, derivation proceeding, post-grant review, and inter partes review shall be heard by at least 3 members of the Patent Trial and Appeal Board, who shall be designated by the Director.
In a derivation proceeding instituted under subsection (a), the Patent Trial and Appeal Board shall determine whether an inventor named in the earlier application derived the claimed invention from an inventor named in the petitioner's application and, without authorization, the earlier application claiming such invention was filed.
A heuristic derivation proceeds as follows.
