---
kind: "section"
citation: "37 C.F.R. § 42.403"
title: "37"
number: "42.403"
heading: "Time for filing."
url: "https://uscodex.org/cfr/37/42.403"
---

# §42.403. Time for filing.


A petition for a derivation proceeding must be filed within the one-year period beginning on the date of the first publication of a claim to an invention that is the same or substantially the same as the earlier application's claim to the allegedly derived invention.


## Notes

### Source

Source: 77 FR 56090, Sep. 11, 2012, unless otherwise noted.

### Authority

Authority: 35 U.S.C. 2(b)(2), 3, 6, 21, 23, 41, 134, 135, 143, 153, 311, 312, 314, 316, 318, 321-326, 328; Pub. L. 112-29, 125 Stat. 284; and Pub. L. 112-274, 126 Stat. 2456.

### Source

Source: 77 FR 48669, Aug. 14, 2012, unless otherwise noted.