Comments on: Patent Rule Injunction, Court To Sleep On It

By: Patent Baristas » No Joke, Court Smacks Down New Patent Rules

Patent Baristas » No Joke, Court Smacks Down New Patent Rules — Wed, 02 Apr 2008 15:51:38 +0000

[...] Patent Rule Injunction, Court To Sleep On It Examination Support Document (ESD) Could Add $26,000 to Patent Costs Is the Public Interest Really Upheld by the New USPTO Rules? Court Blocks New USPTO Rules on Continuations and Claims — For Now Patent Wars Episode II: GSK Strikes Back Posted April 1st, 2008 by Stephen Albainy-Jenei in Patent Reform, USPTO | | [...]

By: Keeley Vega

Keeley Vega — Fri, 21 Mar 2008 05:30:26 +0000

“The USPTO, meanwhile, is arguing that the USPTO has substantive rulemaking authority and should win either way.”

When have they made this argument? My impression is that the PTO has consistently argued that (1) the PTO does not have substantive rulemaking authority (nor do they necessarily want such a broad grant, according to Dudas testimony before Congress), (2) the rules are procedural in nature, and (3) “procedural” rules can have collateral substantive effect and still be considered procedural.

The real question, then, is not whether the rules are substantive, but whether the substantive consequences of the rules amount to a purely substantive rule or, more likely, whether they are a consequence of an otherwise procedural rule. In their briefs, the PTO has failed to adequately address the standard by which this important question can be answered.

By: MarcusTheGreater

MarcusTheGreater — Sat, 09 Feb 2008 18:11:10 +0000

I am an 80 Year old patent practitioner and a former PTO Examiner who has discovered that the incredible inaptitude exhibited by the USPTO the past dozen years has made the practice of Patent Law next to impossible for the loan Practitioner due to the excessive paper work (forms) that is required during preperation and prosecution of a patent application. One small innoxious mis-step in the vast amount of forms and complex ever changing rules can result in more wasted time than the actual time spent preparing the Patent Application. My love for the USPTO is rapidly dying as a result of the untold frustration generated by the present mis-guided USPTO Leaders. Whoever installed these misfits into the path of progress need to be closely observed for they are the enemies of progress and are inadvertently or otherwise destroying our Patent System.

By: Authority » Patent Rule Injunction, Court To Sleep On It

Authority » Patent Rule Injunction, Court To Sleep On It — Fri, 08 Feb 2008 21:17:24 +0000

[...] Patent Baristas wrote an interesting post today on Patent Rule Injunction, Court To Sleep On ItHere’s a quick excerpt I realize that everyone is suffering from Patent Reform Fatigue regarding the new rules the Patent Office wants to foist on the public but here is a quick update. Gene Quinn, at the PLI blog is reporting that the oral hearing on GlaxoSmithKline, Tafas and USPTO cross motions for Summary Judgment was today and that there will be no decision issued today. Judge Cacheris, in the Eastern District of Virginia, decided to take the matter under advisement and render a decision as soon as possible: A [...]