Notice of Preliminary Injunction of the Claims and Continuations Final Rule
Rules and Clarifications Not Effective on November 1, 2007.
UPDATE (November 6, 2007)
The United States Patent and Trademark Office (USPTO) published a final rule notice in the Federal Register to revise the rules of practice in patent cases relating to continuing applications and requests for continued examination practices, and for the examination of claims in patent applications. See Changes to Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent Applications, 72 Fed. Reg. 46716 ( (Aug. 21, 2007)(Claims and Continuations Final Rule). The final rule notice published in the Federal Register indicates that the effective date for the changes to the rules of practice in the Claims and Continuations Final Rule is November 1, 2007. Additionally, on November 6, 2007, a notice entitled “Clarification of the Transitional Provisions Relating to Continuing Applications and Applications Containing Patentably Indistinct Claims” will publish in the Office Gazette (OG). This notice was originally posted on the USPTO’s Web site on October 10, 2007, but because of the normal three to four week publication delay for OG notices is now just appearing.
On October 31, 2007, the United States District Court for the Eastern District Court of Virginia issued a Preliminary Injunction enjoining the USPTO from implementing the changes in the Claims and Continuations Final Rule. Therefore, the changes to the rules of practice in the Claims and Continuations Final Rule, including the October 10 clarifications, did not go into effect on November 1, 2007.
USPTO employees are to continue processing and examining patent applications under the rules and procedures in effect on October 31, 2007, until further notice.
This Web site will be updated and USPTO customers should monitor this Web site for any updated information.
The following information concerns the Claims and Continuations Final Rule and was posted on the USPTO’s Web site prior to October 31, 2007. The information is being maintained on the USPTO’s Web site for informational purposes only. The changes to the rules of practice in the Claims and Continuations Final Rule that is discussed below are not in effect.
 Notices
Summaries
Presentation Slide Set [updated 18Sep2007]
Charts
Guidelines
Forms
- Form SB/216, Examination Support Document Transmittal [PDF]
- Form SB/211, Examination Support Document Listing of References [PDF]
- Form SB/206, Listing of Commonly Owned Applications and Patents [PDF]
- Form SB/201, Request for Streamlined Docketing Procedure [PDF]
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