Derivation Proceedings – America Invents Act

The derivation proceeding described in section 3 of the America invents act is intended to ensure the person obtaining a patent is a true inventor and did not derive the invention from another. If a question as to the true inventor arises between two applicants a derivation proceeding can be instituted before the patent trial and appeal Board. The derivation proceeding replaces the interference proceeding.

Back to: Passing the Patent Bar – On-Line Guide > 8 - America Invents Act (Est. 2 Hours 45 Minutes)