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Federal Circuit Provides First Guidance on AIA Derivation Proceedings

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.