USPTO rescinds patent claim and continuation rules

On October 8, after more than two years of controversy and litigation, the USPTO announced that it will rescind the proposed rules that sought to limit the number of claims and continuations that patent applicants may file.  In a press release, USPTO Director David Kappos stated:

These regulations have been highly unpopular from the outset and were not well received by the applicant community. In taking the actions we are announcing today, we hope to engage the applicant community more effectively on improvements that will help make the USPTO more efficient, responsive, and transparent to the public.

Based on this action, the USPTO and GlaxoSmithKline – one of the two plantiffs in a lawsuit against the USPTO which sought to prevent the rules from taking effect – will file a motion to dismiss and vacate the federal district court decision in that case.

One response to “USPTO rescinds patent claim and continuation rules

  1. The good news just keep coming for patent law in the Kappos era. It’s great that the USPTO is scrapping these universally-disliked rules. Let’s hope the rest of Kappos’s tenure continues on this positive path for patent law and the PTO.

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