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Tafas

USPTO Rescinds Controversial Patent Regulations Package

October 8, 2009

Agency Files Joint Motion with Plaintiff GlaxoSmithKline to Dismiss Lawsuit Related to Proposed Claims and Continuation Rules
Today, Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos signed a new Final Rule rescinding highly controversial regulations, proposed by the previous administration, that patent applicants felt unduly restricted their capacity to protect intellectual property.  The regulations, which [...]

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Summary of the Kappos Confirmation Hearing

Thumbnail image for Summary of the Kappos Confirmation Hearing July 29, 2009

The U.S. Senate Committee on the Judiciary conducted a nomination hearing on July 29, 2009 from 10:00 a.m. to 11:14 a.m. for David J. Kappos to be Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.  Beverly Baldwin Martin (to be United States Circuit Judge for the [...]

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Parties in Tafas Litigation Jointly Seek Stay Until 60 Days after Kappos Is Confirmed As Director

July 27, 2009

The plaintiffs and the government in the litigation challenging the PTO continuation and claim rules have jointly asked the Federal Circuit for a stay of en banc proceedings until 60 days after David Kappos is confirmed as the new PTO Director.  Tafas v. Doll, Fed. Cir., No. 2008-1352, motion filed 7/24/09.
In the “Joint Consent Motion For [...]

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CAFC: Tafas v. Doll decision out today

March 20, 2009

Summary:  Continuation limit contrary to patent act; all other rules, including RCE and ESD, are not –> based only on arguments presented (see below)
 
Final Rules are procedural rules that are within the scope of the USPTO’s rulemaking authority:
 
- 75  (limits an application to five independent claims or twenty-five claims total)
 
- 78  (restricts to two the number [...]

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