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Archive for the ‘Patent Office Limiting Continuation Patent Applications’ Category

Florida and National Patent Rules Have Changed

As of 01 November 2007, new rules are set to govern Florida patent applications, as well as applications from all U.S. states. Specifically, the USPTO calls for no more than two continuation applications plus one request for continued examination (RCE). Previously there were no limits. On the one hand, this limits inventors’ ability to argue its case with a U.S. patent examiner. On the other hand, such limitations mean applications have a foreseeable ending. This gives the inventor a patent faster if the application is approved or more quickly opens the door to other applicants if it is rejected.   An additional change is that patent applications can have no more than 25 claims, with only five allowable as independent claims. If more than 25 claims are presented, applicants must file and examination support document (ESD). Originally, the USPTO wanted no more than 10 claims and every patent application to provide an ESD; this is their compromise. For more information [&helli

United States Patent & Trademark Office May Limit Continuing Applications

On January 3, 2006, the United States Patent & Trademark Office said it may limit the ability of a company to file continuing applications that allow it to revise or modify its existing patent claims, according to an article at MSNBC.com.   The reasoning behind this new rule concerns the growing backlog of patent applications that are waiting to be reviewed by patent examiner’s at the United States Patent & Trademark Office.   Those opposed to these new limitations warn that biotechnology companies in particular rely on continuing applications for products than can take more than a decade to reach the market, and limiting these would curtail competition and the number of claims that could be made, resulting in overbroad and insufficiently protected patents.   This would have a direct impact here, as Florida’s booming biotechnology industry, which includes such corporations as the Scripps Institute, would be forced to limit how they prepare patent ap