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New Rules 75, 78 Unfairly Penalize Research Entities

Law360 (October 29, 2007, 12:00 AM EDT) -- This article argues that Rules 75(b)(4) and 78(f) are contrary to 35 U.S.C. ยง 103(c).

Further, this article focuses on the practical complexity and unfairness of new rules 75(b)(4) and 78(f) as applied to entities engaged in ongoing research.

Brief Summary of Rules 75(b)(4) and 78(f)

By now, most readers will have already studied Rules 75(b)(4) and 78(f). Under Rule 75(b)(4), if at least one claim in an application is patentably indistinct from a claim or claims in a commonly owned, co-pending application, the Office will...
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