Anticipate This!™ | Patent and Trademark Law Blog

USPTO Notice of Preliminary Injunction.

Posted in Practice Commentary by Jake Ward on October 31, 2007

Per this USPTO notice, early evening of October 31st:

The United States Patent and Trademark Office (USPTO) published a final rule notice in the Federal Register to revise the rules of practice in patent cases relating to continuing applications and requests for continued examination practices, and for the examination of claims in patent applications. See Changes to Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent Applications, 72 Fed. Reg. 46716 (Aug. 21, 2007) (Claims and Continuations Final Rule).  The final rule notice published in the Federal Register indicates that the effective date for the changes to the rules of practice in the Claims and Continuations Final Rule is November 1, 2007.

On October 31, 2007, the United States District Court for the Eastern District Court of Virginia, however, issued a Preliminary Injunction enjoining the USPTO from implementing the changes in the Claims and Continuations Final Rule.  Therefore, the changes to the rules of practice in the Claims and Continuations Final Rule will not go into effect on November 1, 2007.

USPTO employees are to continue processing and examining patent applications under the rules and procedures in effect on October 31, 2007, until further notice.

This Web site will be updated and USPTO customers should monitor this Web site for any updated information.

To proceed to the previously-prepared materials regarding the Final Rule, click here.

JW Note:  One may question why it took USPTO management so long to post this notice, particularly when the IP blogosphere was made aware (and was busy spreading the word) of the PI around noon today?

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