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Monday December 18, 2006
End of Year Update: Proposed Rule Changes
Happy holidays from MPG!
As 2006 draws to a close, the unofficial word from the PTO is that many of the patent rule changes are on hold until mid 2007.
Officials have also hinted that the PTO is leaning toward eliminating the restriction on the number of RCEs that can be filed in a particular case. This change in thinking may be a result of much criticism from the patent bar that examination, for the sake of quality, necessarily require one or more RCEs. Many times, additional RCEs are required due to an Examiner finding new art at later stages in prosecution. Although it is preferred that all art is presented in the first Office Action (by either the Examiner or the Applicant), the consideration of additional art, which may be discovered later, is a step forward in ensuring better quality. Consequently, eliminating RCEs from being considered a continuation is a welcomed move. The new requirements for IDS submissions, however, is considered to be in the works for 2007. It is not known if there will be additional changes to the published proposals, but if the current rules are passed, it is expected that the cost of some IDS filings will significantly increase the cost of prosecution. We will continue to monitor the progress of these proposed rules changes, and from time to time, update our postings.
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