As I’ve re-read the case several times, Judge Bryson’s concurring opinion continues to draw my attention. His open wondering about the ability of the Office to limit serially-filed continuations is very interesting…especially when considered in light of the Office’s recent efforts to explore the possibility of implementing a deferred examination system.

Could a deferred examination system that allows an applicant to file, in parallel, several continuations while the original application remains pending provide a compromise to the competing concerns over late-filed continuations and an applicant’s ability to claim that which he disclosed?

I provided several updates on Twitter as I read the opinion, and reproduce them below for the wider audience:

1. CAFC: Tafas v. Dudas – CON limit contrary to patent act; all other rules, including RCE and ESD, are not –> BASED ONLY ON ARGS PRESENTED.

2. CAFC: Tafas v. Dudas – Bryson concurrence – opinion does not decide whether limit on SERIALLY-FILED CONS would be consistent with patent act

3. CAFC: Tafas v. Dudas – Judge Rader dissents, would strike down all proposed rules as substantive limitations carrying “startling change”

4. CAFC: Tafas v. Dudas – Next – request for panel reh’g and for reh’g en banc. At this point, two judges decided a major patent policy issue.

5. CAFC: Tafas v. Dudas – Meanwhile, USPTO sits without a Director…without a policy leader. What comes of the new rules and this decision?

6. CAFC Tafas v. Dudas (Doll) opinion: http://is.gd/ocWP

I’ll provide a more detailed analysis when I post my full review of the case.

All eyes are on Congress this week as many believe both chambers will see introductions of new vintages of the now perennial patent reform bill. Bicameral introduction, with bipartisan original sponsors in each chamber, is expected and would be a new twist. Such an approach might be a sign that, somehow, this round is different. But don’t forget that, despite significant hearing activity and coverage in the media, patent reform legislation has seen very little movement in previous sessions. Only time will tell if the 111th is any different.

The coming excitement doesn’t end there, though. Remember that the Court of Appeals for the Federal Circuit is sitting on the Tafas v. Dudas case, and a decision could come anytime over the next several weeks. Depending on the outcome, the opinion could represent a posthumous victory for the Dudas administration or a final reminder of its failed attempts at aggressive administrative reform.

And don’t forget that we’re still waiting for President Obama to appoint a new Under Secretary of Commerce/Director of the Patent and Trademark Office. The confirmation hearings for the person tapped for this exciting and challenging post will, no doubt, receive a great deal of attention as many stakeholders wait to see if the Office will continue the policy initiatives of the Dudas era or if new leadership will bring new approaches to familiar problems.

Clear your schedules – there’s plenty of patent law excitement on the way.