Obama memo could delay continuations rules (full version)
26 January 2009
Ryan Pasquale, New York
A White House memo from chief of staff Rahm Emanuel has placed a moratorium on all “new or pending” federal regulations and is likely to delay implementation of the USPTO’s various rules packages, including the Office’s controversial claims and continuations package
The Emanuel memo directs federal agencies to withdraw any unpublished regulation from the Office of the Federal Register (OFR).
Any regulations already published in the Federal Register will now see a 60-day extension of their effective date in order to "allow interested parties to provide comments about issues of law and policy raised by those rules".
The order could affect the USPTO's final rules on claims and continuations and Board of Patent Appeals and Interferences proceedings, as well as pending rules on information disclosure statements and Markush claims.
Despite concern over the potential scope of the memo's retroactive effects, some in the IP community see it as solely forward-focused.
"As I read it, it does not affect final...
Only subscribers have complete access to Managing IP Magazine,
log in or
subscribe now.
Alternatively take a
free trial, giving you 48-hour access to Managing IP Magazine (some articles and surveys may be excluded).
Subscribe Now
This article is available to subscribers. Please click subscribe to read the rest of the article.
Subscribe
Take a free trial
Please take a free 48-hour trial to gain limited access. Some articles and surveys may be excluded.
Take a free trial