What is true regarding the completion of a derivation proceeding?

In the context of a derivation proceeding, the correct choice reflects the procedural nature of such proceedings before the Patent Trial and Appeal Board (PTAB). A derivation proceeding is a mechanism used to determine whether an earlier filed patent application derived its claimed invention from an earlier applicant.

The process continues until the Board issues a final decision. This means that as long as the proceeding is active and both parties are participating, it can progress through the phases of examination, evidence presentation, and ultimately, a determination by the Board.

The completion of a derivation proceeding hinges on the Board's decision due to its necessity in resolving the disputes regarding inventorship and rightful ownership of the claimed invention. Thus, the statement regarding the proceeding continuing until a decision is reached correctly outlines the finality and resolution process embedded in the framework of patent law.

While it's essential that both parties engage meaningfully in the process, their agreement is not a prerequisite for the proceedings to conclude. Additionally, the petitioner's withdrawal does not solely dictate the conclusion of the case; it can advance independently of that decision. Finally, while delays can occur, the proceedings are not meant to be subject to indefinite delays as they should culminate in a Board decision to maintain a fair and orderly patent system