New USPTO Rules Blocked; EU Views New Patent Litigation Proposal
By Dugie Standeford for Intellectual Property Watch
A US federal court in Virginia has temporarily blocked the US Patent and Trademark Office (USPTO) from implementing controversial new rules governing patent application continuations. The rules, set to come into effect on 1 November, sparked strong opposition from many patent attorneys who argued that capping the number of patent claims and continuing applications would harm inventors seeking to protect intellectual property rights in the fast-moving high-technology sector (IPW, Patent Policy, 10 September 2007).
Separately, Portugal, which holds the EU presidency, floated a revised proposal for a European patent litigation system. The draft, although seen by critics as much improved over earlier versions, leaves several key issues unresolved, said Kevin Mooney, a UK attorney with Simmons & Simmons and president of the European Patent Lawyers Association (EPLAW).