Friday, October 9, 2009

PATENT: USPTO Rescinds Controversial New Patent Regulations

The USPTO announced yesterday that it will rescind its highly controversial new patent regulations that were published in the Federal Register in August, 2007 and the subject of a two year battle.  The new rules set limits on the examination of claims in patent applications, continuation applications and requests for continued examinations.  Tafas v. Dudas (now Tafas v. Kappos), 511 F. Supp. 2d 652 (E.D. Va. 2007) sought to invalidate the new rules on the grounds that the USPTO lacked substantive rulemaking authority. A motion to dismiss and vacate the district court decision will be filed jointly by the USPTO and co-plaintiff/appellee, GlaxoSmithKline. 
Read more in the USPTO's 10-8-09 press release, here.

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