Wednesday, March 25, 2009

Federal Circuit Upholds USPTO?s Authority to Issue Final Rules and
Concludes that Certain Final Rules Are Consistent with the Patent Act

USPTO is not Implementing Final Rules at this Time

On March 20, 2009, the Federal Circuit issued a decision addressing
(i) whether the Claims and Continuation Final Rules fall within the
scope of the USPTO?s rulemaking authority and (ii) whether the Final
Rules are contrary to the Patent Act. The Court concluded that the
Final Rules were all within the agency?s rulemaking authority. The
Court also concluded that Final Rule 114 (requests for continued
examination), Final Rule 75 (claims), and Final Rule 265 (examination
support documents) are consistent with the Patent Act, but that Final
Rule 78 (continuations) violates the Patent Act. The Court remanded
several issues to the district court. The litigation remains pending.
The Final Rules will not be implemented until further notice.

For more information go to WWW.GAPATENTS.COM or WWW.GOOGLE.COM.

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