Now that 2011 is coming to an end and I am catching my breath and getting organized for 2012, I thought it would be a good time to consider the USPTO’s plans for implementing the provisions of the America Invents Act that take effect September 16, 2012. According to the USPTO’s Leahy-Smith America Invents Act Implementation webpage, the USPTO will be publishing proposed regulations as early as mid-January.Continue reading this entry
The USPTO announced on July 21, 2011, that it plans to “revise the standard for materiality” for the duty of disclosure in view of the Federal Circuit’s decision in Therasense, Inc. v. Becton, Dickinson & Co. In particular, the USPTO plans to “match” the materiality standard the court announced in the context of its inequitable conduct decision. The USPTO acknowledges that the Supreme Court may take up Therasense for review, but has decided to move forward for the time being. The USPTO will accept written comments on its proposal until September 19, 2011.
If Director Kappos would grant you three wishes to revise the USPTO’s regulations (37 CFR), what would they be? This is not a fairy tale. Last week, the USPTO announced its “preliminary plan to review its existing significant regulations in response to the President’s Executive Order 13563 on Improving Regulation and Regulatory Review.” The USPTO is soliciting public input on how it should undertake this process and specific rules that should be reviewed, and will accept written comments received before April 21, 2011.