What is required for an applicant to file a derivation proceeding?

For an applicant to file a derivation proceeding, the application must not be under secrecy order. A derivation proceeding is a type of patent dispute that addresses whether an applicant has derived an invention from another inventor who had claimed the invention first. The underlying premise of this type of proceeding is to establish that one party has inappropriately claimed the work of another, which necessitates the prior public accessibility of the invention.

If an application is under a secrecy order, it cannot be publicly accessed or evaluated, which undermines the ability to substantiate claims of derivation. The secrecy of the application prevents potential evidence from being available to demonstrate that one inventor derived the invention from the other.

The other requirements in the context of derivation proceedings relate to the technical and procedural aspects but do not serve as prerequisites for filing. While claims need to be patentable, and having all inventors sign the application can be important for other types of proceedings, they are not specific conditions for initiating a derivation proceeding. Additionally, while an application can be published, the critical requirement focuses on the status concerning the secrecy order.