1. Regulations
  2. title 37
  3. chapter I
  4. part 42
  5. subpart E
  6. subjgrp 228
  7. § 42.408

View all text of Subjgrp 228 [§ 42.408 - § 42.408]

§ 42.408 - Institution of derivation proceeding.

(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.

AUTHORITY: 35 U.S.C. 2(b)(2), 3, 6, 21, 23, 41, 134, 135, 143, 153, 311, 312, 314, 316, 318, 321-326, 328; Pub. L. 112-29, 125 Stat. 284; and Pub. L. 112-274, 126 Stat. 2456.

SOURCE: 77 FR 48669, Aug. 14, 2012, unless otherwise noted.

CITE AS: 37 CFR 42.408