Derivations Proceedings Flashcards
1
Q
derivation
A
- proceedings created to ensure first to file actually true inventor
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
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)
4
Q
when take effect
A
3.16.13
5
Q
who makes decision
A
PTAB, w/o use of count
