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Intellectual Property Law

: Two-Seventy-One Patent Blog

BPAI Appeal Brief Rules Delayed, According to Last-Minute PTO Notice

By Peter Zura

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A FR notice will (officially) be published tomorrow, stating that the Appeal Brief Rules will be delayed, pending further OMB review.

From the Notice:

On October 8, 2008, the Office published a 30-Day Federal Register Notice stating that the proposal for the collection of information under the final rule was being submitted to OMB and requesting comments on the proposed information collection be submitted to OMB. The proposed information collection is currently under consideration by OMB. Since the review by OMB has not been completed, the Office is hereby notifying the public that the effective and applicability date of the final rule is not December 10, 2008. The effective and applicability dates will be identified in a
subsequent notice.

DATES: The effective date for the final rule published at 73 FR 32938, June 10, 2008, is delayed, pending completion of OMB review of the proposed information collection under the PRA. The Office will issue a subsequent notice identifying a revised effective date on which the final rule shall apply.

Interestingly, the document is signed and dated for December 5, 2008, yet nothing appears yet on the PTO site.

Read/download the notice here (link)

Hat Tip: David Boundy

Full post as published by Two-Seventy-One Patent Blog on December 09, 2008 (boomark / email).

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