Friday, May 11, 2007

Rumor on possible actions with changes to continuing applications

Further to an IPBiz post on 10/18/06 giving information on the continuation package from Robert Clarke, Harold Wegner gives on IPFrontline more details on the continuation rules change.

This information included:

Gerry Elman provided the following notes taken at this meeting (Annual Joint Patent Seminar): "Continuations Rules - There will be a limit on the combination of continuations and RCEs, a certain number of them.”
“Three months for OMB [to take] expected action, then two months to publication, then two months until [the] effective date. Expect Sept.-Nov. 2007 [effective date].”
IPBiz notes that one possible outcome is for OMB to send the package back to the USPTO for further consideration.

Separately, the word at AIPLA was

The “2+1” Limit on Continuations/RCE’s:

"2+1" First, a patent applicant is limited to one (1) RCE and (2) continuing applications; The rules will be applied retroactively for cases that have not yet received a first action on the merits.

LBE's first comment on the proposed rule change may be found at


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