The Rules are coming…the Rules are coming…

It’s become quite clear over the last several weeks that the Patent and Trademark Office intends to make final the proposed rules relating to initial claim limits and limitations on continuation practice. In Boston a few weeks back, John Whealan, Solicitor and USPTO General Counsel for Intellectual Property, told the IP section of the American Bar Association that the final rules would be made effective in either August or January. Hal Wegner now reports that Jay Lucas, Deputy Commisioner for Patent Examination Policy, announced today at a George Mason program that the final rules package woud be published sometime between Thansgiving and Christmas.

Happy Holidays.

The final content and scope of the rules is still unknown. At this stage, though, it appears that two things are certain - the implementation of the rules, and a lawsuit against the Director questioning the authority to place limits on continuation practice.