Although U.S. patent law is now a first-inventor-to-file (FITF) system, derivation proceedings under the America Invents Act (AIA) are intended to ensure that the first person to file a patent application is actually the true inventor. An inventor who is not the first to file a patent application may file a derivation petition with the USPTO to challenge an earlier applicant’s right to a patent if he can show his invention was derived by the person who was first to file. In the derivation petition, the inventor who was not the first to file must demonstrate that the earlier applicant is claiming an invention derived from the inventor. Patent applications and patents containing at least one claim having an effective filing date on or after March 16, 2013, are eligible for derivation proceedings before the Patent Trial and Appeal Board (PTAB).
