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Florida and National Patent Rules Have Changed

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uspto sealAs 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 visit the USPTO’s website.

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