Separation of [Patent Reform] Powers

May 4, 2007 on 9:40 am | In Legislation/Regulation, USPTO |

A couple of weeks ago I put on a presentation for my local patent bar association regarding the proposed patent reform legislation that was recently introduced. My opinion is that like other recent legislative attempt, this one is dead on arrival too. Pharma is just too opposed to the changes proposed (and Software loves them).

KSR is likewise going to have its own patent reform impact…impact that will likely take a while to sort out. Let’s hope that Congress waits for a while before changing things up on us.
I told the association that what should be of concern to them is the regulatory changes covertly working their way through the Patent Office. This submarine patent reform is due to surface later this year and will likely be a “doozie.” Dennis Crouch had a post recently that listed the working titles of the new regulations:

• RIN: 0651-AB93: Changes to Practice for Continuing Applications, Requests for Continued Examination Practice, and Applications Containing Patentably Indistinct Claims
• RIN: 0651-AB94: Changes to Practice for the Examination of Claims in Patent Applications

While the content of these proposed regulations is unknown, they may be similar to what was proposed and discussed in the past. These posts may give a sense of what is to come later this year:

The USPTO Proposed Rule Limits on Continuation and RCE Practice

The USPTO Proposed Rule Representative Claims for Initial Examination

USPTO Proposed Rules March On:  Comment on the Unknown

Blame it on the Continu-Rain

NAPP Opposes New Patent Rules

File Lots of Continuing Applications? Those days are soon over…

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