When the United States moves to a first-to-file system, under the Leahy-Smith America Invents Act which was signed into law on 16 September 2011, what we used to know as interference proceedings will be replaced by derivation proceedings. These are proceedings to determine whether the inventor named in an earlier filed application derived the claimed invention from the inventor of an application filed later. Derivation proceeding petitions may be filed only within the 1-year period beginning on the date of the 1st publication of a claim to an invention that is the same or substantially the same.
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