Federal Circuit Provides First Guidance on AIA Derivation Proceedings

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The United States Court of Appeals for the Federal Circuit issued its first decision relating to derivation proceedings under the America Invents Act (AIA).

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The United States Court of Appeals for the Federal Circuit issued its first decision relating to derivation proceedings under the America Invents Act (AIA). Smart & Biggar Principal Joshua Spicer shares his insights on the Court’s approach to inventorship in this landmark case.

“The Board focused on who had been first-to-invent as opposed to who was first-to-conceive. But the court ruled that the error was harmless because the Board’s decision actually turned on who was first-to-conceive.”

-Joshua Spicer

Read the full article on IPHQ News, the IP news and insights platform of IPH Limited: Federal Circuit Provides First Guidance on AIA Derivation Proceedings.

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