Derivation in 2015: Still No Instituted Proceedings

Author: Anthony A. Hartmann
Editor: Stephanie M. Sanders

The Leahy-Smith America Invents Act replaced interference proceedings with derivation proceedings for patent applications having a claim with an effective filing date on or after March 16, 2013. As in 2013 and 2014, 2015 saw no derivation proceedings instituted by the PTAB. Of the seven petitions filed under 37 C.F.R. § 42.400 et seq., including two in 2015, four have been dismissed and three remain pending.

Many of these cases are discussed in our AIA blog post of January 13, 2016.


DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.

Tagged , ,

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: