The U.S. Court of Appeals for the Federal Circuit (the court) issued its first precedential opinion to an appeal from a derivation proceeding at the Patent Trial and Appeal Board (PTAB) under the ...

“[T]he required elements of a derivation claim have not changed other than to the extent necessary to reflect the transition from a first-to-invent to a first-to-file system of patent administration.” ...

The Federal Circuit recently issued its first review of a derivation proceeding, a rarely used proceeding provided for by the America Invents Act (AIA). In this case, two entities, Global Health ...