The Board applies the substantive law of the Federal Circuit and Court of Customs and Patent Appeals on the issue of derivation, which requires sufficient independent corroboration .
Derivation Showing Overcome by Evidence of Respondent’s Prior Conception in Rare Derivation Proceeding - The Board issued a decision in a rare derivation proceeding.
The PTAB recently issued a rare decision instituting a derivation proceeding, in Global Health Solutions LLC v. Selner, DER2017-00031 (“GHC”). The GHC institution decision provides.