{"data":{"id":"us/37-cfr-42.403","jurisdiction":"us","citation":"37 CFR 42.403","heading":"Time for filing.","body":"A petition for a derivation proceeding must be filed within the one-year period beginning on the date of the first publication of a claim to an invention that is the same or substantially the same as the earlier application's claim to the allegedly derived invention.","path":["Title 37—Patents, Trademarks, and Copyrights","CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE","SUBCHAPTER A—GENERAL","PART 42—TRIAL PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD","Subpart E—Derivation"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-37.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:45Z","sha256":"bbfc63a518b1a35e13c5757e979ca16786fcede6122e0acdca5a9f3ab41cf939","source_id":"us-cfr","stale":true,"prev":"us/37-cfr-42.402","next":"us/37-cfr-42.404"},"notice":"GroundRules: Original legal text. Not legal advice."}