America Invents Act: Derivation Proceedings
- Sterne, Kessler, Goldstein & Fox
A derivation proceeding provides a safeguard to help ensure that the first person to file a patent application is actually a true inventor. The America Invents Act (“AIA”) changes the U.S. patent system from a first-to-invent system to a first-inventor-to-file system, typically awarding a patent to the first inventor to file a patent application. Recognizing that a patent should not be awarded to a person who was first to file a patent application but who had derived the invention from another person, the AIA amends 35 U.S.C. §135 to provide derivation proceedings to decide who is the first true inventor to file a patent application.
To view the entire fact sheet, download the attached PDF.