Patent Regulations Rescinded
In a move to “incentivize innovation,” the Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) rescinded former patent regulations that some said imposed undue restrictions on patent applicants. The old rules were enacted in August 2007 by the previous administration and were "highly unpopular from the outset."
The rules limited patent applicants in two ways. One set of regulations impeded the process of getting extra continuation applications. Continuation applications allow an inventor to disclose additional claims while maintaining the priority date of the original patent. Applicants were allowed two continuations as a matter of right. The USPTO granted additional requests for continued examination however only upon a showing of good cause.
Another regulation limited patent applications in substance. The so-called “Claims Rule” permitted only five independent claims per application. The rule further limited the total amount of claims per application to twenty-five. Anyone exceeding the guidelines was required to submit extra information to help patent examiners process the applications. These rules were put in place to expedite the patent process, however critics said they merely weakened it.
If you are considering patenting your invention, contact a competent patent attorney to arrange a consultation.
