The USPTO issued the first derivation certificate for a design patent on November 3, 2021, cancelling the claim, finding it derived from another inventor.
Six years after implementation of the American Invents Act (AIA), which went into effect on March 16, 2013, changing the U.S. patent system from first-to-invent to first-to-file, the first derivation proceeding was filed for a design patent. Thirty months later, the PTAB found the claim derived from the petitioner and cancelled it.
Read our full report on Lexology and visit our video webinar at www.altdesignpatent.com