Under U.S. patent law, an invention lacks novelty if it was actually invented by someone other than the applicant for the patent. [35 U.S.C. 102(f)]. Thus, in the U.S., an invention cannot be derived from another because only the "first to invent" can obtain a valid patent on an invention.
This rule requires that all the true inventors (the correct inventive entity) apply for a U.S. patent. An issued patent can be invalidated under 35 U.S.C. 102(f) if it can be shown that the alleged inventive entity [the applicant(s)] acquired the claimed invention from another inventive entity (which could be one or more of the applicants or someone else). A true inventor must contribute to the conception of at least one of the claimed inventions in a U.S. patent application. Patent Partner's Inventorship Evaluation addresses this issue in detail
Law - Derived from Another