Is a derivation proceeding conducted ex parte?

A derivation proceeding is indeed conducted ex parte, which means that it involves only one party presenting its case without the presence of the opposing party. In the context of a derivation proceeding, the focus is on whether a patent applicant derived the invention from another person. The procedure allows the applicant to establish their claim to the invention without the other party actively participating in the proceedings. This is intended to protect the interests of the original inventor while allowing the applicant to present their evidence and argument systematically.

In this context, other options are not applicable. They suggest varying levels of participation by both parties, which does not align with the nature of an ex parte proceeding. The critical aspect of these proceedings is that the decision-making body (such as the Patent Trial and Appeal Board) evaluates the evidence and positions presented by one side without simultaneous input from the other, which is fundamental to ex parte processes.