Patent Baristas

Time is running short for actions to stop implementation of the USPTO’s “Changes to Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent Applications,” 72 Fed. Reg. 161 at p. 46716 (Aug. 21, 2007). Motions are scheduled to be argued on October 31 in the U.S. District […]

In another round of challenges to the proposed rules by the U.S. Patent & Trademark Office, one group looks to challenge the rule change regarding the draft final regulation “Changes to Information Disclosure Statement Requirements and Other Related Matters.” This is part of the USPTO Master Plan in the published final rules regarding limiting claims […]

Another lawsuit has been filed in federal court against the United States Patent and Trademark Office (PTO) looking to block implementation of the new claims and continuation rules that are to go into effect on November 1, 2007 (Final Rules; 72 Federal Register 161 at 46716). This time, the plaintiff is pharmaceutical giant SmithKline Beecham […]

On August 21, 2007, the USPTO published its final rules limiting continuation practice (72 Federal Register 161 at 46716, “Rules and Regulations Changes To Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent applications; Final Rule”). USPTO’s assertion of statutory authorization would appear to be insufficient in […]

On August 21, 2007, the USPTO published its final rules limiting continuation practice (72 Federal Register 161 at 46716, “Rules and Regulations Changes To Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent applications; Final Rule”). Constraints on the USPTO’s ability to limit continuations In both the […]

On August 21, 2007, the USPTO published its final rules limiting continuation practice (72 Federal Register 161 at 46716, Tuesday, August 21, 2007 “Rules and Regulations Changes To Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent applications; Final Rule”). The original proposed rules (71 Federal Register […]

Chris Wong, project manager of Peer to Patent Project: Community Review, says the system must be made compulsory if it is to work. Currently the pilot project is only voluntary. The Peer to Patent Project allows people (theoretically) to send publications and materials to the US Patents and Trademarks Office (USPTO) that might be material […]

Jim Greenwood, CEO of the Biotechnology Industry Organization (BIO) gave a briefing to biotech & pharma bloggers on key issues related to follow-on biologics, patent reform and PDUFA pending legislation. In the conference call, Greenwood provided an overview of the biggest issues for BIO and then fielded questions from the participants. Greenwood acknowledged that the […]