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Continuation and claims rules to publish tomorrow, August 21st, will take effect November 1st

Tthe USPTO announced in a press release today that it will publish in tomorrow's Federal Register the final rules on continuation applications and the number of claims. The rules will take effect November 1, 2007. The USPTO describes the rules in its press release: The new rules have been modified, relative to the rules that […]

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More new USPTO rules on the way, this time for information disclosure statements and Markush claims

The USPTO rulemaking machine just keeps chugging along. In today's Federal Register, there are new USPTO proposed rules regarding claims using "alternative language," such as Markush claims. Also, on July 27, the USPTO submitted new rules regarding information disclosure statements (IDSs) to the OMB for review. These rules look as though they adhere to the […]

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Summary of proposed final KSR examining guidelines surfaces

The Patent Prospector is reporting that the summary of the USPTO's post-KSR obviousness examination guidelines recently sent to OMB has apparently surfaced. Note that this summary is not confirmed, but it comes from a typically reliable source. Either click below or head over to the Patent Prospector to read the summary. Update (11:15): another source […]

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Revised TTAB rules published, some take effect August 31, others November 1

As noted last week, the revised TTAB rules were published in today's Federal Register. The final rules are somewhat different than those proposed last January. Some of the new rules include: Opposers/Petitioners will serve copies of the notice of opposition or cancellation petition on the opposing party directly, rather than having the TTAB send out […]

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USPTO proposes new BPAI rules to cope with upcoming increase in appeals

In a Federal Register notice yesterday, the USPTO promulgated revised rules for practice before the Board of Patent Appeals and Interferences. The USPTO will accept comments on the proposed rules until September 28, 2007 via email, fax, or postal mail. Many of the proposed rules appear designed to advance the USPTO's current trend toward finding […]

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Revised TTAB rules coming soon

The TTABlog reports that the revised TTAB rules initially proposed in a notice of proposed rulemaking on January 17, 2006 are likely to be published in the Federal Register in the next week. The summary of the rules as initially proposed is as follows: The United States Patent and Trademark Office (Office) proposes to amend […]

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Continuation and claims rules to publish “later this summer,” will take effect 60 days later

In a press release today, the USPTO announced that the much-rumored new rules regarding continuation applications and claim limits recently approved by the OMB will publish in the Federal Register "later this summer," and will take effect 60 days after publication. The USPTO notes that the abstracts published with the OMB reflect the abstracts from […]

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Federal Circuit affirms requirement to amend listing of goods to exclude goods in another class

In the first of two Federal Circuit rulings today, the court affirmed that the USPTO was within its authority when it refused to allow an applicant to rely on the international classification to clarify ambiguities in the listing of goods for a trademark. In affirming the TTAB, the court emphasized the deference due to the […]

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Ex parte Catan: Obviousness at the USPTO in electrical engineering

In its third opinion of the day designated precedential, the Board of Patent Appeals and Interferences once again affirmed an examiner's obviousness rejections. Specifically, the Board found that Appellant's apparatus incorporating bioauthentication and a consumer electronics device was an obvious solution to a known problem, as all elements of the claims other than the bioauthentication […]

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Board of Patent Appeals and Interferences releases three precedential obviousness decisions

Today the USPTO Board of Patent Appeals and Interferences designated as precedential three opinions in ex parte appeals from examiner rejections applying the post-KSR obviousness standard. The three cases are each from a different technology center. The cases are: Ex parte Kubin (Tech center 1600—Biotechnology and Organic Chemistry) Ex parte Smith (Tech center 3700—Mechanical Engineering, […]

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