iBet uBet web content aggregator. Adding the entire web to your favor.
iBet uBet web content aggregator. Adding the entire web to your favor.



Link to original content: http://dbpedia.org/resource/Derivation_proceeding
About: Derivation proceeding
An Entity of Type: Thing, from Named Graph: http://dbpedia.org, within Data Space: dbpedia.org

In United States patent law since the Leahy-Smith America Invents Act (AIA), a derivation proceeding is a trial proceeding under 35 U.S.C. § 135 conducted at the Patent Trial and Appeal Board to determine whether (i) an inventor named in an earlier patent application derived the claimed invention from an inventor named in the petitioner's application, and (ii) the earlier application claiming such invention was filed without authorization. Derivation proceedings are only applicable to applications for patent, and any patent issuing thereon, that are subject to the first-inventor-to-file provisions of the AIA. This is in contrast to an interference proceeding under pre-AIA law, which determined the priority of invention.

Property Value
dbo:abstract
  • In United States patent law since the Leahy-Smith America Invents Act (AIA), a derivation proceeding is a trial proceeding under 35 U.S.C. § 135 conducted at the Patent Trial and Appeal Board to determine whether (i) an inventor named in an earlier patent application derived the claimed invention from an inventor named in the petitioner's application, and (ii) the earlier application claiming such invention was filed without authorization. Derivation proceedings are only applicable to applications for patent, and any patent issuing thereon, that are subject to the first-inventor-to-file provisions of the AIA. This is in contrast to an interference proceeding under pre-AIA law, which determined the priority of invention. An applicant subject to the first-inventor-to-file provisions may file a petition to institute a derivation proceeding with the Board. During the derivation proceeding, the Board has jurisdiction over any involved patent or application, and the patent examiner may not act thereon except as the Board may authorize. (en)
dbo:wikiPageID
  • 63896355 (xsd:integer)
dbo:wikiPageLength
  • 1591 (xsd:nonNegativeInteger)
dbo:wikiPageRevisionID
  • 955625126 (xsd:integer)
dbo:wikiPageWikiLink
dbp:wikiPageUsesTemplate
dct:subject
rdfs:comment
  • In United States patent law since the Leahy-Smith America Invents Act (AIA), a derivation proceeding is a trial proceeding under 35 U.S.C. § 135 conducted at the Patent Trial and Appeal Board to determine whether (i) an inventor named in an earlier patent application derived the claimed invention from an inventor named in the petitioner's application, and (ii) the earlier application claiming such invention was filed without authorization. Derivation proceedings are only applicable to applications for patent, and any patent issuing thereon, that are subject to the first-inventor-to-file provisions of the AIA. This is in contrast to an interference proceeding under pre-AIA law, which determined the priority of invention. (en)
rdfs:label
  • Derivation proceeding (en)
owl:sameAs
prov:wasDerivedFrom
foaf:isPrimaryTopicOf
is dbo:wikiPageDisambiguates of
is dbo:wikiPageWikiLink of
is foaf:primaryTopic of
Powered by OpenLink Virtuoso    This material is Open Knowledge     W3C Semantic Web Technology     This material is Open Knowledge    Valid XHTML + RDFa
This content was extracted from Wikipedia and is licensed under the Creative Commons Attribution-ShareAlike 3.0 Unported License