11 August 2008

USPTO partially revokes retroactive effects of enjoined rules

Eileen McDermott, New York

The USPTO is to remove the retroactive effect of certain provisions of its divisive rules package relating to patent claims and continuing applications, which was permanently enjoined by a US district court in April

The PTO published a notice in the Federal Register on Thursday announcing that, should the US Court of Appeals for the Federal Circuit lift the injunction against the final rules package on claims and continuations ordered by judge James Cacheris on April 8, 2008, then the provision governing related applications would apply "only to applications filed on or after any new future effective date that would be published by the USPTO following a lifting of the injunction".

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USPTO partially revokes retroactive effects of enjoined rules

The rest of this article is available to subscribers to Managing IP only.

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