Court Holds PTO Claiming and Continuation Rules Are Void
4/3/2008 7:22:30 AM

The U.S. District Court for the Eastern District of Virginia ruled that the claiming and continuation rules rendered by the Patent and Trademark Office are “null and void.” According to the U.S. District Court for the Eastern District of Virginia, the claiming and continuation rules are substantive in nature and exceed the Patent and Trademark Office’s rulemaking authority under 35 U.S.C. 2(b)(2). In an order accompanying the court’s opinion, the rules are permanently enjoined.  - admin
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