What is the time frame for filing a derivation proceeding petition after the publication of the respondent's claim?

The correct answer, which states that the time frame for filing a derivation proceeding petition is 1 year from the publication of the claim, aligns with the specific provisions set out in the America Invents Act (AIA). According to the rules governing derivation proceedings, a party must file a petition within one year of the publication of the claim that is alleged to have derived from the petitioner's earlier work.

This time limit is established to promote efficiency and certainty in patent prosecution. Derivation proceedings help resolve disputes regarding the rightful inventor between parties when one claims that they were the original inventor of a disclosed idea that was later claimed by another in their patent application. Thus, the one-year window from the publication serves to ensure that claims are made in a timely manner, thereby facilitating the resolution process.

Other options are incorrect as they do not align with the established timeline specified for initiating a derivation proceeding. For instance, the filing date of the parent application or the issuance of the patent do not relate to the specific act of publication, which is the crucial triggering point for the timeline in derivation proceedings. The established framework is to maintain clarity and prevent prolonged disputes over inventorship that could hinder the patent system's integrity.