Anticipate This!™ | Patent and Trademark Law Blog

Not So Fast. New BPAI Rules Delayed For OMB Review.

Posted in Practice Commentary by Jake Ward on December 9, 2008

Per this last minute notice in the Federal Register (to be published tomorrow, December 10th):

SUMMARY: On June 10, 2008, the United States Patent and Trademark Office (Office) published the final rule that amends the rules governing practice before the Board of Patent Appeals and Interferences (BPAI) in ex parte patent appeals.  The final rule states that the effective date is December 10, 2008, and that the final rule shall apply to all appeals in which an appeal brief is filed on or after the effective date. On June 9, 2008, the Office published a 60-Day Federal Register Notice requesting the Office of Management and Budget (OMB) to establish a new information collection for BPAI items in the final rule and requesting public comment on the burden impact of the final rule under the provisions of the Paperwork Reduction Act (PRA).  On October 8, 2008, the Office published a 30-Day Federal Register Notice stating that the proposal for the collection of information under the final rule was being submitted to OMB and requesting comments on the proposed information collection be submitted to OMB.  The proposed information collection is currently under consideration by OMB.  Since the review by OMB has not been completed, the Office is hereby notifying the public that the effective and applicability date of the final rule is not December 10, 2008.  The effective and applicability dates will be identified in a subsequent notice.

(Emphasis ours).

Our post reminding practitioners about the rules taking effect on December 10th may be found here.

One Response

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  1. Jake Ward said, on December 10, 2008 at 10:27 am

    The Patent Baristas have an excellent post on events leading up to this delay here: http://www.patentbaristas.com/archives/2008/12/08/omb-review-of-appeal-rules-times-out/ .


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