Hal Wegner emailed today, "it is reliably reported from several who attended an IPO speech earlier this month by the Director of the PTO that it was now undecided whether the continuation rules would be implemented or not."

Patent Hawk's patent office Mole reports:

Rumor has it that the continuation limitation is going to be or likely to be scuttled. No firm information has been presented about this but that is just gossip in the hallways among examiners. A lot of people were talking about Dudas' comments at the IPO conference in Chicago that the PTO was uncertain about implementation of the continuation limitation. SPEs seem to think that any rule change that comes down the pike is likely to be a year or more away, as the government bureaucracy slowly slogs forward.

No one can really understand why management is so eager about the continuation limitation. I mean the limitation would reduce the backlog, which is kind of a selling point, but it would be at the expense of killing RCEs, an agency money generator.

Plus, none of the other affected parties really like the idea. Attorneys want continuations because filing continuations is an easy money-maker. Applicants want continuations for further patent protection opportunities. Examiners want continuations because continuations help their production goals, as, theoretically, prior office actions provide a springboard of initial research for their own office actions.

Hal Wegner's comments were in the context of a rumor of a new Deputy Commissioner.

A reliable source has indicated that John Love is the new Deputy Commissioner, taking the place of Jay Lucas.

On that role with the Mole:

John Love [is] fairly well liked among the examiners around here and, while like all management has an adversarial relationship with the union, seems pretty reasonable on the give-and-take. When he stepped down it was pretty well known that he had his eye on a position higher in the management structure, so I would not be surprised if he was offered the position.

The Deputy Commissioner for Patent Resources and Planning position is currently vacant, according to our website. However, considering John Love's expertise I would think he would be a better fit in Deputy Commissioner for Patent Examination Policy position.

Some union reps have been very open and candid that quite a few members of upper management are planning escape routes to the private sector. Not so much due to the rule change package but due to upcoming presidential elections and the question about whether a Republican or Democrat will take office. So I wouldn't rule out a shake-up.