Patent Bar Mpep Q & A Podcast

MPEP Q & A 85: Board on Deferring Action on a Petition for a Derivation Proceeding

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Synopsis

Question: Can the Board defer action on a petition for a derivation proceeding? Answer: The Patent Trial and Appeal Board may defer action on a petition for a derivation proceeding until the expiration of the 3-month period beginning on the date on which the Director issues a patent that includes the claimed invention that is the subject of the petition. The Patent Trial and Appeal Board also may defer action on a petition for a derivation proceeding, or stay the proceeding after it has been instituted, until the termination of a proceeding under chapter 30, 31, or 32 involving the patent… The post MPEP Q & A 85: Board on Deferring Action on a Petition for a Derivation Proceeding appeared first on Patent Education Series.