« Sweetness & Light | Main | Vonage Roils »
April 12, 2007
Continuation Funk
A
ruckus erupts from a report by patent attorney
Charles Van Horn
that the USPTO plans to go ahead in imposing limits on the number of
continuations, as well as the number of claims examined per patent. Speculation
is that the rules will be published toward the end of summer, with, essentially,
30 days notice for prosecutors to file continuations out the wazoo. After
hearing the rumor, Patent Hawk, tracked to the corner bar, slamming whiskey shots
like a jackhammer, was heard to slur, "This kind of talk stinks up the joint."
Charles Van Horn:
USPTO Commissioner for Patents John Doll announced today at a DC Bar meeting that the final rules on continuation and designated claims practices are at OMB (Office of Management and Budget) for approval. The final rules were logged in on April 10 and OMB is expected to complete its review in 90 days, but frequently grants itself an extension of time. The final IDS rules were said to be on the desk of Director Dudas for approval, and will follow the other two packages to OMB in due course. So at this point in time, July-August would be an approximation for publication of the final rules, with 30 days (based on previous PTO statements) to implementation. No details of the final rules were disclosed.
As Peter Zura points out, the PTO hasn't had the nerve to submit the proposed changes to public comment, knowing that the howling would be relentless, providing a public roil of opposition that might drum Commissioner Doll out of his job. A Bush appointee, Doll is unlikely to have thought through the dynamics that will ensue: the agency gets stuffed with an incredible explosion of applications in a matter of weeks, the rule change is challenged in court, while political pressure builds to reverse the ruling as ill-considered, not to mention drumming Doll right out of his dollhouse.
Peter Zura writes:
Commissioner Doll is scheduled to address the American Bar Association's Intellectual Property Section meeting in Washington over the next three days (April 12-14, Arlington VA).
Yes, we patent bloggers are all sniffing the same rumor glue. Being on the left coast, and a late sleeper to boot, The Patent Prospector snoozeily relays here what others more intrepidly posted earlier. Read the first toot in Patently O; second shot in 271.
Posted by Patent Hawk at April 12, 2007 12:03 PM | Prosecution