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ARTICLE · 19 OCTOBER 2007

United States Patent Rule Changes Effective - November 1, 2007

Ladas & Parry
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Substantial changes in the rules governing practice before the United States Patent and Trademark Office (PTO) will come into effect on November 1, 2007.

United StatesIntellectual Property
John Richards
John Richards

1. Background

Substantial changes in the rules governing practice before the United States Patent and Trademark Office (PTO) will come into effect on November 1, 2007.1 On October 10, 2007 the Director of the PTO issued a notice making a number of changes to the new rules.

The primary impetus for the rule changes is that the PTO is seeking to reduce examiner work-loads. Whether these changes will succeed remains to be seen.

Two law suits have been filed challenging either the content or the means of adoption of the rules and seeking a delay in their implementation. The first was filed by Triantafyllas Tafas on August 22 and the second by SmithKline Beecham Corp. on October 9. Both suits were filed in district court for the Eastern District of Virginia.

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