Tuesday, December 09, 2008

Appeal Rule, scheduled for 10 Dec., delayed

The Appeal Rule which was set to go into effect December 10, 2008 is delayed, and will not go into effect tomorrow. A notice to be published in tomorrow's Federal Register reads as follows:

The effective date for the final rule published at 73 FR 32938, June 10, 2008, is delayed, pending completion of OMB review of the proposed information collection under the PRA. The Office will issue a subsequent notice identifying a revised effective date on which the final rule shall apply.
Tomorrow's notice reaffirms the notice from November 30, that briefs may be filed under either the new rules or the old rules. Prudent patent attorneys will consider the estoppel and inequitable conduct effects of complying with the new rules.

The "day ahead" display of the notice to be published tomorrow
is at-->


One notes the most recent "top news" on the USPTO website is

USPTO 2008 Fiscal Year-End Results Demonstrate Commitment to Sustaining High Performance

and there is (as yet) no mention in the delay of the appeal rule.

There is no mention of the USPTO's performance in Tafas oral arguments, either.


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