PTO Removes Retroactivity For Part Of Blocked Rules

Law360, New York (August 7, 2008, 12:00 AM EDT) -- The U.S. Patent and Trademark Office is withdrawing the retroactive effect of part of its highly controversial rules package currently blocked by a district court order — the provision that deals with patentably indistinct claims.

In a notice published in the Federal Register Thursday, the patent office said should the injunction against the rules be lifted, the new regulations covering patentably indistinct claims would only apply to applications filed on or after any new effective date that would be published by the USPTO in the future....
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