37 CFR 42.403: Time for filing

Taken from the Ninth Edition of the MPEP, Revision 07.2022, Published February 2023

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42.403    Time for filing.

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.

[Added 77 FR 56068, Sept. 11, 2012, effective Mar. 16, 2013]