Federal court strikes down new patent rules

[JURIST] The US District Court for the Eastern District of Virginia [official website] on Tuesday rejected new US Patent and Trademark Office (USPTO) [official website] rules [FR final rule notice, PDF] that would have retroactively limited the number of claims that can be included in a patent application and the number of times a continuation application can be filed for a given invention. The court ruled [PDF text] that the new rules were "substantive in nature" and therefore beyond the scope of the USPTO's authority to govern the submission procedure of patent application.

The lawsuit [complaint, PDF] challenging the new rules was brought by pharmaceutical company GlaxoSmithKline [corporate website], which has approximately 100 applications pending at the USPTO. Supporting the company was the American Intellectual Property Law Association (AIPLA) [advocacy website], which filed an amicus curiae brief [PDF text; Patently-O blog post]. In October, a judge enjoined [order and memorandum decision, PDF; JURIST report] the USPTO from implementing the new rules pending a ruling on their validity. Reuters has more.



 

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

© Copyright JURIST Legal News and Research Services, Inc., 2013.