New USPTO Definition: A Potential Mine Field

Law360, New York (October 24, 2007, 12:00 AM EDT) -- In the new rules to take effect on November 1, 2007, the U.S. Patent and Trademark Office (“USPTO”) has set forth a new definition of the divisional application which could lead to potential misunderstandings by practitioners and dire consequences to applicants.

Under past practice, the USPTO broadly defined divisional applications in M.P.E.P. § 201.06 as later-filed applications containing claims to independent or distinct inventions, whether or not a restriction requirement was made in an earlier application.

It was widely recognized that a so-called “voluntary divisional,” which was...
To view the full article, register now.

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.