What characterizes a derivation proceeding?

A derivation proceeding is a specific legal procedure used by the United States Patent and Trademark Office (USPTO) to address situations where one party claims that another party has derived an invention from them, meaning that the latter obtained the invention from the former without proper authorization. This process is primarily focused on identifying the true source of the invention, determining who was the original inventor or source of the claimed invention, and ensuring that patent rights are properly assigned to the rightful inventors.

In this context, derivation proceedings do not encompass broader issues like ownership disputes in general, correcting errors in patent applications, or engaging in interferences, which are different processes used to resolve disputes about the priority of inventions between competing inventors. The purpose and scope of a derivation proceeding is therefore distinct, focusing precisely on the issue of derivation itself—namely, who originally conceived of the invention in question.