Wednesday, September 12, 2012

America Invents Act - USPTO Final Rules for Derivation

The USPTO published final rules to implement the America Invents Act (AIA) derivation proceedings.

Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos stated: 'This derivation proceeding will ensure that under a first-inventor-to-file system, the inventor is always the one who obtains the patent. We’re pleased to release this final rule to the public months in advance of its implementation, to allow stakeholders greater time to prepare."

The USPTO Patent Trial and Appeal Board will conduct derivation proceedings to enable a true inventor to challenge the right of the first person to file by proving the first application filed was derived from the true inventor.

The final rules will be effective on March 16, 2013.

Here are a few sources of additional information on derivation:
  • The USPTO's 116-page document: Changes to Implement Derivation Proceedings
  • Eight AIA roadshows in September 2012
  • Lead Administrative Patent Judge, Sally G. Lane; Administrative Patent Judge, Sally C. Medley; Administrative Patent Judge, Richard Torczon; and Joni Y. Chang, Administrative Patent Judge, Board of Patent Appeals and Interferences by telephone at (571) 272-9797
Copyright © 2012 Robert Moll. All rights reserved.