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IP News

By Matt Berkowitz
April 30, 2008

Court Voids New Patent Office Rules

In Tafas v. Dudas, 07-846 (E.D. Va. April 1, 2008) the District Court for the Eastern District of Virginia granted plaintiffs' motion for summary judgment that new patent office rules, which placed limitations, among other things, on the number of claims and continuation applications an applicant could file as a matter of right, were void under the Administrative Procedure Act ('APA') as 'not in accordance with the law' and 'in excess of statutory jurisdiction and authority.'

On Jan. 3, 2006, the USPTO issued two separate notices of proposed rulemaking. The proposed rules outlined changes to the examination process that would limit the number of continuation applications, RCEs, and claims that an applicant could make as a matter of right.

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