When can a derivation proceeding be filed?

A derivation proceeding is specifically designed to resolve disputes regarding who was the first to conceive an invention when there are competing claims involving the same or similar inventions. The filing of a derivation proceeding must happen within one year of the public disclosure of the earlier claim. This timeframe is crucial because it allows the original inventor who may have been stripped of their priority rights to contest the patent application filed by another party.

In this context, it is important to note that the timeframe of "within one year of the first publication of the earlier claim" aligns directly with the requirements set forth in the Leahy-Smith America Invents Act. By ensuring ongoing protection for the original inventor's rights, this provision promotes fairness and rewards innovation appropriately.

Regarding the other options, the timeline requirements and criteria for filing a derivation proceeding do not correlate with waiting periods related to publication or abandonment of applications after the fact, nor does it dictate that one has to apply for a patent first before initiating such a proceeding. Hence, the relevance of the first publication significantly establishes the correct answer as valid within patent law contexts.