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.

 

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