Kilburn & Strode LLP | ||
European Patent Attorneys | ||
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Monday, 06 September 2010 |
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Changes to US continuation rules shelved 18/11/2009 In May 2008 we reported the summary judgement against proposed rule changes at the USPTO which would have firstly severely curtailed applicants' options to file continuation application, secondly effectively limited the number of claims which can be prosecuted and thirdly created a significant additional administrative burden for applicants. The summary judgement stopped the proposed new rules from coming into force, but the USPTO appealed the decision to the Federal Circuit. The appeal was partially successful earlier this year, although an additional round of briefings regarding the changes to the rules relating to continuation applications was due to be heard soon. Earlier this year, the US administration, and with it the director of the USPTO, changed. Under the new director, David Kappos, the USPTO has now decided to rescind the very unpopular proposed rule changes. The USPTO, together with one of the original plaintiffs against the rule changes has now petitioned the court to dismiss the appeal and vacate the original decision. The proposed rule changes are shelved and will not come into force. This will come as a welcome relief to many applicants worldwide.
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