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Federal regulations · Through 2026-08-25 · Newer source version available

37 CFR 42.408: Institution of derivation proceeding.

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Where this section sits in the code
  1. Title 37—Patents, Trademarks, and Copyrights
  2. CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE
  3. SUBCHAPTER A—GENERAL
  4. PART 42—TRIAL PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD
  5. Subpart E—Derivation

(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.

Collected 2026-08-27T02:25:45Z. Source file · JSON

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