AIA Blog
AIA Blog
Monday Sep 10, 2012

USPTO to Publish Final Rules for Derivation Provision

From Janet Gongola, Patent Reform Coordinator:

The USPTO announces that on Tuesday, September 11, 2012, it will publish final rules implementing the derivation provision in the Federal Register.  Today, on Monday, September 10, 2012, these final rules are available in the Federal Register Reading Room and here.  The derivation provision is not effective until March 16, 2013.

Changes to Implement Derivation Proceedings

Derivation proceedings will be conducted by the Board of Patent Appeals and Interferences, to be renamed the Patent Trial and Appeal Board as of September 16, 2012.  Previously, the USPTO published General Administrative Trial Final Rules and a Trial Practice Guide in the Federal Register, which also address derivation proceedings.  I recommend consulting these two documents for a more complete understanding of how the Board will conduct derivation proceedings:

Additionally, the USPTO is hosting roadshows in Atlanta, Alexandria, Va., Denver, Detroit, Houston, Los Angeles, Minneapolis, and New York City to discuss these final rules in September 2012.  The first roadshow will be held on Monday, September 10, from Minneapolis; it will be webcast and recorded for later viewing.  The second and third roadshows from Alexandria on Wednesday, September 12 and from Los Angeles on Friday, September 14 also will be webcast and recorded for later viewing.  More information about the roadshows, including webcast instructions, venue locations, and an agenda, can be found here:

Roadshow Page

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