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Expert Analysis

New PTO Rules Create Nov. 1 Requirement

Law360 (October 9, 2007, 12:00 AM EDT) -- On September 26, the United States Patent and Trademark Office (USPTO) updated its Frequently Asked Questions concerning new USPTO Rule 78(d(1), (72 Fed. Reg. 46716, August 21, 2007). The practical effect of this explanation is that by November 1, 2007, all divisionals must be filed for any invention that was restricted in the United States, but that was examined under Chapter II in an earlier filed PCT application that designates the United States....

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