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March 2, 2007
Continuation Limits Undead
A
couple of days ago, Hal Wegner reported USPTO
Under Secretary Jon Dudas putting nails in the coffin of earlier proposed
continuation restrictions. Now it appears continuation restrictions are undead.
The following note was shared by a reliable source that “PTO Commissioner for Patents John Doll has very recently told another [prior] high level PTO official [known to this source] that the PTO is now ‘highly likely’ to be submitting to [the Executive Branch responsible for clearance of rule-making, the Office of Management and Budget (OMB)] for approval ‘in early April’ a combined FINAL RULES package which will be [a] modified version of the two highly controversial Pending Proposed Rules… on: (1) severe restrictions on continuation, divisional, CIP and 'split-up' applications and (2) restrictions on the number of claims that will be examined.
“The actual Final Rule contents will remain secret for at least the 90 days OMB has to review the rules package, and then the rules will be published in the FR and take full effect a minimum of 90 days later. There will be no additional opportunity for public input even though it is expected these final rules may differ substantially from the proposed rules.”
Hal considers this war on the patent bar. It certainly constitutes caprice.
Posted by Patent Hawk at March 2, 2007 10:48 AM | Prosecution