Once a derivation proceeding is initiated, what can happen?

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Initiating a derivation proceeding allows for examination and adjudication of disputes regarding the derivation of claimed inventions between parties. Once this process commences, it can indeed be brought to conclusion, meaning that the parties will undergo a series of procedures, including presenting evidence and arguments regarding their claims to inventorship.

The fact that the proceeding can be concluded signifies that it may either resolve through a decision made by the Patent Trial and Appeal Board, or it could potentially settle through negotiation between the involved parties. This closure process ensures that the issues at hand are definitively addressed, either through a formal ruling or by mutual agreement, promoting fairness and clarity in intellectual property rights.

Other options imply outcomes that do not accurately reflect the nature of derivation proceedings. While dismissals can occur, they are not the only potential end to the proceeding. Similarly, while settlements might not be the primary mechanism, the option that states the proceedings may not be settled is misleading, as parties have the opportunity to reach an agreement before a formal conclusion.

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