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ARTICLE · 24 AUGUST 2007

New Rules For U.S. Patent Applications

Fenwick
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Earlier today, the United States Patent and Trademark Office (USPTO) published new rules for patent prosecution. The rules take effect on November 1, 2007, with some having retroactive effect.

United StatesIntellectual Property
Robert Hulse
Robert Hulse
Michael Farn
Michael Farn
John McNelis
John McNelis
Daniel Brownstone
Daniel Brownstone
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Earlier today, the United States Patent and Trademark Office (USPTO) published new rules for patent prosecution. The rules take effect on November 1, 2007, with some having retroactive effect. The new rules cover three general areas: 1) continuation practice, which allows an applicant to obtain additional patent protection for an invention by filing additional daughter applications within a patent family; 2) divisional practice, which allows an applicant to request patent protection for multiple different ideas disclosed in the same application; and 3) the examination of claims by the USPTO. The new rules represent a major shift in procedure, and different strategies will have to be adopted for developing patent portfolios.

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