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Patent Bar yay > Derivations Proceedings > Flashcards

Derivations Proceedings Flashcards

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1
Q

derivation

A
  • proceedings created to ensure first to file actually true inventor
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2
Q

who conducts

A

Board determines

(i) inventor named in earlier app derived claimed invention from inventor named in petitoner’s app
(ii) earlier app claiming such invention filed w/o authorization

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3
Q

Final Rule

A
  • “same/substantially the same” = patentably indistinct
  • “first publication” = patent/app under 35 USC 122 (b)
  • petition must be filed w/in 1 year from 1st pub
  • other things (1-3)
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4
Q

when take effect

A

3.16.13

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5
Q

who makes decision

A

PTAB, w/o use of count

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Patent Bar yay (23 decks)

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