USPTO Says Blocked Rules Lie Within Its Authority

Law360, New York (October 16, 2008, 12:00 AM EDT) -- The U.S. Patent and Trademark Office argued Wednesday that a controversial rules package does not violate patent law because it only changes the mechanism for filing patents, not the rules for patentability.

In a brief filed with the U.S. Court of Appeals for the Federal Circuit, the USPTO argued that the rules changes, which would limit to two the number of continuing applications and provide only one request for continued examination unless applicants could provide a convincing argument for submitting additional evidence, were purely procedural and...
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