What must be proven to demonstrate derivation in a proceeding?

To demonstrate derivation in a proceeding, it is essential to provide evidence of earlier conception and communication. Derivation involves proving that the claimed invention was initially conceived by one party and then improperly derived or copied by another without the appropriate authorization.

In essence, this requires showing two primary elements: that there was a conception of the invention that occurred prior to the filing date of the second party and that there was some level of communication or transfer of the information or invention between the individual who originally conceived it and the accused party. This could include direct evidence such as emails, notes, or testimonies indicating that the original inventor shared the relevant information with the other party.

The other options address aspects that do not directly pertain to the legal standards of derivation. For example, a publication of an initial claim does not by itself demonstrate derivation since publication may not prove prior conception or communication between parties. Clear definitions of claim terms relate more to clarity and specificity in patent claims rather than establishing the derivation process. Lastly, a failure to file a priority application on time pertains more to the issue of rights in relation to patentability and could affect priority claims but is not necessary to demonstrate derivation.