Filewrapper®

Proposed IDS rules challenged before Office of Management and Budget

October 18, 2007
Post by Blog Staff

Apparently the USPTO's recent forays into rulemaking are not winning friends and influencing people. The rules limiting claims and continuation applications are currently being challenged in court, and now a group of companies is challenging the proposed IDS rules before the Office of Management and Budget (OMB). The rules were submitted to the OMB back on July 27; you can read the submission challenging them here.

The text of the draft rules is available here: text, pdf, but it's unknown how the final rules may be substantively different from the draft rules. The submission filed yesterday apparently assumes there are no substantive changes.

Assuming that is correct, the new rules would be quite onerous. For example, an applicant would have to provide an ESD-like statement regarding any prior art submission that is more than 25 pages long, and about all prior art submitted if more than 20 documents are submitted in an application. This is keeping with the "make applicants do as much work as possible" philosophy currently plaguing USPTO management.

A similar challenge was filed against the claim and continuation limit rules when they were under review by the OMB, but those rules were issued anyway. So, don't be too optimistic that the rules won't be published as final regulations sometime soon. Maybe we'll see another lawsuit filed regarding these rules once they are implemented.

Hat tip: Peter Zura's 271 blog for noting the issue and providing a copy of the submission to OMB.


Post Categories

Comments (0)
Post a Comment



Captcha Image
Return to the Filewrapper Blog

Search Posts

Purpose

The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

Disclaimer

McKee, Voorhees & Sease, P.L.C. provides this blog for general informational purposes only. By using this blog, you agree that the information on this blog does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and McKee, Voorhees & Sease, P.L.C. Do not consider this blog to be a substitute for obtaining legal advice from a qualified, licensed attorney. While we try to revise this blog on a regular basis, it may not reflect the most current legal developments. We consciously refrain from expressing opinions on this blog and instead, offer it as a form of information and education, however if there appears an expression of opinion, realize that those views are indicative of the individual and not of the firm as a whole.

Connect with MVS

Enter your name and email address to recieve the latest news and updates from us and our attorneys.

Subscribe to: MVS Newsletter

Subscribe to: Filewrapper® Blog Updates

  I have read and agree to the terms and conditions of McKee, Voorhees & Sease, P.L.C.

Captcha Image