{"data":{"id":"us/37-cfr-42.408","jurisdiction":"us","citation":"37 CFR 42.408","heading":"Institution of derivation proceeding.","body":"(a) An administrative patent judge institutes, and may as necessary reinstitute, the derivation proceeding on behalf of the Director.\n(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.","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":"f94ba1786d0496a2cdb75fb2ba245bfa7651bb70f2a046f637bfe598a55fc0d8","source_id":"us-cfr","stale":true,"prev":"us/37-cfr-42.407","next":"us/37-cfr-42.409"},"notice":"GroundRules: Original legal text. Not legal advice."}