Continuation Rule Implementation May be Delayed til 2007

As many readers know, the U.S. PTO has been pounding its chest over the past year with threats of implementing a draconian and, as believed by many, unconstitutional rule limiting the availability of continuation applications.  Matt has a couple of great posts on the subject of the ‘continuation rule’ over at Promote the Progress.

According to a news blast from Hal Wegner this morning, a reliable source has informed him that the implementation of the rule may be delayed into 2007 and possibly killed altogether. Mountain Gorilla beating chest

Specifically, according to Hal:

An always previously reliable PTO official has stated that the dreaded, notorious "continuation rules" package is hung up within the PTO with uncertain implementation. Per this official, the continuation rules, if implemented, will be significantly delayed well into calendar year 2007.

The information has been provided by Leon Radomsky, Chair of the AIPLA Chemical Practice Committee, in his notice of the meeting later this week in Washington, D.C. The relevant information on the continuation rules has been highlighted in red.

Rob Clarke noted at the beginning of the meeting that the proposed rule changes regarding Continuations and Representative Claims are still being considered, that more comments were filed in response to these rules than ever before, and that if they do decide to go forward with the rule changes, they have to be submitted through a special rulemaking procedure because they are substantive rule changes.  That internal administrative review will take at least 90 days, and the result may be a refusal to allow the rules to go forward.  And after that, it will be at least another 30 days before the rules become final.  Rob Clarke did state that he expects the IDS rules to come out before the continuation and representative claims rules.

If any reader has any additional information – please post in the comments or send to me via an email —– your anonymity will be safe with us.



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