Tag Archives: Proposed Rules

Gearing Up For September 16, 2012

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 … Continue reading this entry

USPTO Adapts To Therasense

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 … Continue reading this entry

Revising U.S. Patent Regulations

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 … Continue reading this entry

USPTO Proposes To Simplify Patent Appeal Practice

The USPTO has published proposed changes to the rules governing practice before the Board of Patent Appeals and Interferences. While the proposed changes salvage a few elements from the 2008 "Final Rules" that never took effect, the USPTO plans to rescind that rules package. In its place, the USPTO has proposed a rules package that appears to … Continue reading this entry