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

The correct answer is based on the rules governing derivation proceedings under the America Invents Act (AIA). A derivation proceeding is initiated to determine whether an applicant derived their claimed invention from another person. The specific time frame for filing a petition for a derivation proceeding is 1 year from the publication of the respondent's claim, which is defined as the earliest date that the claim was made public.

This timeline is critical because it provides a window within which a party that believes it is entitled to the invention disclosed in the claim must act to protect its rights. The requirement emphasizes the importance of promptly addressing concerns about derivation after claims become public knowledge, as delays may unjustly affect the competitive landscape and the ability of the original inventor to assert their rights.

The other options do not align with the stipulated timeframe for filing a derivation proceeding. For instance, the timing related to the filing of a parent application or the issuance of a patent does not directly convey the relevant date for addressing derivation issues. Similarly, a period of 2 years is not applicable, as the derivation process is specifically limited to a 1-year period from the time the claim is published to ensure timely resolution of such disputes.