Feature

3 Things To Know As 1st Patent Derivation Gets Underway

Law360 (March 27, 2018, 5:06 PM EDT) -- The Patent Trial and Appeal Board instituted its first-ever derivation proceeding last week, putting a spotlight on a rarely used and little-understood type of patent review. The decision could spur new interest in the proceedings, so here's a rundown of what we know now about how they work.

Derivation proceedings were established by the America Invents Act and are used to determine whether an issued patent was actually derived from the work of someone else. The proceedings typically involve a petitioner alleging that they came up with an invention and communicated it to someone else, who then obtained a patent on...

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