Federal court strikes down new patent rules
Legal Topics | 2008/04/02 16:10

The US District Court for the Eastern District of Virginia on Tuesday rejected new US Patent and Trademark Office (USPTO) rules that would have retroactively limited the number of claims that can be included in a patent application and the number of times a continuation application can be filed for a given invention. The court ruled that the new rules were "substantive in nature" and therefore beyond the scope of the USPTO's authority to govern the submission procedure of patent application.

The lawsuit challenging the new rules was brought by pharmaceutical company GlaxoSmithKline, which has approximately 100 applications pending at the USPTO. Supporting the company was the American Intellectual Property Law Association (AIPLA), which filed an amicus curiae brief. In October, a judge enjoined the USPTO from implementing the new rules pending a ruling on their validity.



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