In August 2007 the USPTO has issued revisions to some of its rules that allow the PTO to implements limits in continuation applications and claims number. The Plaintiffs (Tafas) brought suit against the PTO and challenged the validity of the revised rules.
On April 2008, the District Court has finally issued its Summary Judgment in the case in favor of the Plaintiffs stating that the PTO has stepped out of its authorities.
In its appeal to the CAFC, the USPTO asked the Federal Circuit to answer the following points:
- 1. Whether the USPTO's revised rules are within the PTO's statutory rulemaking authority;
- 2. Whether the revised rules stand in conflict with the Patent Act; and
- 3. Whether the PTO must provide public notice and comment for its rule revisions.
We shall surely continue
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