New Director of the USPTO has scrapped the highly controversial proposed patent rules

PTO Will Rescind Claiming and Continuations Rules Package

The Patent and Trademark Office announced October 8, 2009, that it will rescind the claiming and continuations rules package that have been the subject of litigation in Tafas v. Kappos.  The parties to that litigation have agreed to request the Federal Circuit to dismiss the appeal in that case and to vacate the district court decision below.

“AIPLA applauds the decision of Director Kappos to rescind this hugely unpopular rules package,” stated AIPLA’s Executive Director Todd Dickinson. “And we certainly hope the courts will act quickly and favorably on this motion. We view this as a significant step by Director Kappos towards rebuilding the relationship between the USPTO and the user community. Hopefully, we can now continue to move forward and work with the Director in a constructive way to address the challenges facing the USPTO.”

IP Certification Committee Proposes Amending Rules to Require 50% of Practice be IP related

The Intellectual Property Certification Committee has transmitted proposed amendments to the rules regarding IP Certification that will require IP certified lawyers to devote a minimum of 50% of their practice to IP in order to be certified or recertified.

An agenda item to discuss these proposed amendments will be added to the meeting agenda for the Business Law Section Retreat this coming weekend.  Please plan to attend so that your views can be heard and considered on this important issue.

Committee Letter

Section Committee Review Form

Rule 6-26.3(b) Legis Format

Section Letter

Retreat Meeting Materials

The minutes from the June meeting and the agenda for the Retreat meeting can be found here

The committee will meet Saturday September 5 from 9:30 – 12:00 in Port Royal during the Retreat at the Ritz Carlton Naples. You do not have to be registered for the retreat in order to attend a committee meeting.

June 25 IP Committee Meeting

The Intellectual Property Committee will meet in Orlando on June 25 as part of the Florida Bar’s Annual Convention. The meeting will take place on Thursday from 9:00 – 11:00 a.m. in San Antonio at World Center Marriott. Below are the materials you will need for the meeting.

June 2009 Meeting Materials, revised 6/22/09

Proposed Local Patent Rules

Meeting schedule

Full Bar brochure, including BLS’s luncheon and Friday’s E-Everything CLE available here