What is true regarding the completion of a derivation proceeding?

The correct choice highlights a critical aspect of how a derivation proceeding operates within the context of U.S. patent law. Specifically, a derivation proceeding can indeed continue until the Patent Trial and Appeal Board (PTAB) issues a final decision. This process allows for the resolution of disputes regarding the rightful inventor under 35 U.S.C. § 135, ensuring that all pertinent issues are thoroughly examined before a decision is rendered.

During this period, both parties can present evidence and arguments, and the Board must deliberate and review all materials to arrive at a conclusion. By emphasizing that the proceeding continues until a decision is made, this choice highlights the nature of the process as one that is designed to be comprehensive and conclusive.

The other options do not accurately represent the constraints or characteristics of a derivation proceeding. For example, it is not necessary for all parties to reach an agreement for the proceeding to conclude, nor does the process rely solely on the withdrawal of the petitioner. Similarly, while delays can occur, the proceedings are meant to have a structured timeline that culminates in a decision rather than remaining indefinitely open-ended.