Prior Conception Defeats Otherwise Sufficient Derivation Showing, PTAB Litigation Blog
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In its second-ever Final Written Decision in a derivation proceeding, the Patent Trial and Appeal Board (“PTAB”) determined that a patent application for a biocidal composition and method of producing said biocidal composition did not derive from the work of another inventor. The decision illustrates that even if a petitioner is able to otherwise make the complex showings required for derivation, the petitioner can still be defeated by a showing of prior conception.
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