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ARTICLE · 07 AUGUST 2006

´Radical´ Changes Proposed by USPTO Will Alter Patent Process

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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As the U.S. Patent and Trademark Office endeavors to find solutions for managing its vast workload, it is considering changes that, if accepted, will significantly alter the course of the patent process.

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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Originally Published in Massachusetts Lawyer's Weekly, May 1, 2006
Copyright © Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

As the U.S. Patent and Trademark Office endeavors to find solutions for managing its vast workload, it is considering changes that, if accepted, will significantly alter the course of the patent process. These proposed rules are still under serious debate and the USPTO has requested comments and alternate proposals from the public. This article will discuss the implications of the proposed rule changes and how they may impact Massachusetts businesses.

Long Delays

The U.S. Patent and Trademark Office (USPTO) currently faces unreasonably long delays in the initial examination of patent applications. For example, the average time from filing to a first action in a newly filed patent application is 27.4 months for applications in molecular biology; 41.6 months in technologies related to simulation, modeling, and emulation of computer components; and 45.3

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