What happens if a petition to initiate a derivation proceeding does not include the required fee?

When a petition to initiate a derivation proceeding is submitted to the USPTO without including the required fee, the situation is governed by the established patent rules. According to the rules, a complete petition must meet all formal requirements, one of which is the payment of the required fee.

If the fee is not included, the petition is considered incomplete and thus will not be granted a filing date. The filing date is crucial as it marks the beginning of the process and establishes the timeline for the proceedings. Without the full submission, including the fee, the petition cannot proceed, and therefore, a filing date will not be awarded. This principle ensures that all petitions are treated uniformly and that the necessary administrative processes in handling the filings can be maintained effectively.

Furthermore, this requirement helps to confirm the seriousness of the petition and ensures that the resources of the USPTO are properly allocated and managed.