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February 20, 2012

PTO No

Foley & Lardner attorney Andrew S. Baluch has his knickers in a twist over a USPTO power grab to pummel inventors by denying them their legal rights. The new patent act explicitly allows a patent holder under inter partes reexam to amend claims however seen fit. But the PTO has "proposed regulations would deny the patent owner's right to amend - in a first or in any subsequent motion to amend - whenever the Board determines that the amendment 'seeks to enlarge the scope of the claims of the patent or introduce new subject matter.'" Read Mr. Baluch's paper.

Thanks to Hal Wegner at Foley & Lardner for the heads up.

Posted by Patent Hawk at February 20, 2012 5:31 PM | The Patent Office