37 CFR 42.408: Institution of derivation proceeding

Taken from the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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42.408    Institution of derivation proceeding.

  • (a) An administrative patent judge institutes, and may as necessary reinstitute, the derivation proceeding on behalf of the Director.
  • (b) Additional derivation proceeding. The petitioner may suggest the addition of a patent or application to the derivation proceeding. The suggestion should make the showings required under § 42.405 and explain why the suggestion could not have been made in the original petition.
[Added 77 FR 56068, Sept. 11, 2012, effective Mar. 16, 2013]