Home -> Law Blog Directory -> Patent Law Blogs -> I/P Updates

Patent Law

: I/P Updates

USPTO Appeal Brief Rules Delayed Indefinitely

By William F. Heinze

The Appeal Rule that was set to go into effect December 10, 2008 is delayed, and will not go into effect tomorrow. A notice to be published in tomorrow's Federal Register reads as follows:
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.

Tomorrow's notice reaffirms the notice from November 20, that briefs may be filed under either the new rules or the old rules. Prudent patent attorneys will consider the estoppel and inequitable conduct effects of complying with the new rules.

The "day ahead" display of the notice to be published tomorrow is at http://www.federalregister.gov/OFRUpload/OFRData/2008-29297_PI.pdf

"While by now everyone is aware of the suspension of implementation of the rules on ex parte appeals," writes Professor Wegner "what is not generally known is that David Boundy is the hero. Against very, very long odds, he quarterbacked a group effort at the OMB that ended in the blockage of this very, very unfortunate rulemaking."

Way to go David.

Full post as published by I/P Updates on December 09, 2008 (boomark / email).