Comments on: USPTO Patent Rule Changes – Actions to Take Right Now http://ipspotlight.com/2007/08/24/uspto-patent-rule-changes-actions-to-take-right-now/ News from the intersection of intellectual property and business law Thu, 26 Jan 2012 23:48:40 +0000 hourly 1 http://wordpress.com/ By: Jim http://ipspotlight.com/2007/08/24/uspto-patent-rule-changes-actions-to-take-right-now/#comment-134 Sun, 23 Sep 2007 14:53:52 +0000 http://ipspotlight.com/2007/08/24/uspto-patent-rule-changes-actions-to-take-right-now/#comment-134 Based on information that I’ve seen from the USPTO, divisionals are permitted once the non-elected claims are cancelled. However, if the non-elected claims are still pending (which would be the case if they were merely withdrawn and not cancelled), then a divisional will not get the benefit of its parent’s priority date.

]]> By: Jason http://ipspotlight.com/2007/08/24/uspto-patent-rule-changes-actions-to-take-right-now/#comment-104 Sat, 15 Sep 2007 17:54:10 +0000 http://ipspotlight.com/2007/08/24/uspto-patent-rule-changes-actions-to-take-right-now/#comment-104 As a new patent attorney, (I have been an agent for a few years) I have a few questions about the new rules that I would like comments on from the patent bar. Feel free to post the following for responses.

1. In a family with multiple after final cases, would it be desirable to file RCE’s prior to Nov. 1?

2a. Can you withdraw a traversal?
2b. Is a withdrawal of traversal of a restriction requirement, where election has previously been made, effective to make restriction final, such that under the new rules multiple divisionals are then permitted in cases without a first office action on the merits yet?

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