37 CFR 42.403: Time for filing
Taken from the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018
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42.403 Time for filing.
A petition for a derivation proceeding must be filed within the one-year period beginning on the date of the first publication of a claim to an invention that is the same or substantially the same as the earlier application’s claim to the allegedly derived invention.
[Added 77 FR 56068, Sept. 11, 2012, effective Mar. 16, 2013]