[Ip-health] Schumer asks patent office to delay new rules

[Sarah Rimmington]

pharmalot.com
Schumer Asks Patent Office To Delay New Rules
October 30th, 2007 3:29 pm By Ed Silverman
http://www.pharmalot.com/2007/10/schumer-asks-patent-office-to-delay-new-ru=
les/

Which new rules? Well, the US Patent and Trademark Office on Nov. 1 will
implement new rules, including one concerning the continuation of patent
applications. What=92s that? Current US patent law allows an inventor to
file several different types of patent applications to cover new
improvements to their inventions, or to cover different aspects of their
inventions. One type is a continuation.

You may recall that Glaxo filed a lawsuit against the PTO, claiming the
new rules are arbitrary and will prevent it from pursuing patent
applications and obtaining patents on or more of its inventions,
especially since the drugmaker has hundreds of various types of
applications in the works. In essence, Glaxo fears the new rules will
make it harder to make such filings, therefore threatening its investments.

And Chuck Schumer, the Democratic Senator from New York, wrote a letter
to Jon Dudas, a PTO official, suggesting a delay. To bolster his
reasoning, Chuck cites the Glaxo litigation. And he notes Congress is
considering a patent reform bill that may address the issues raised in
the PTO=92s new rules. =93A delay would allow the courts to assess the
merits of the pending suit,=94 he writres. =93The proposed rules may have
the unintended consequence of stifling such innovation and I urge you to
delay their implementation.=94

Hat tip to PLI Blog

--
Sarah Rimmington
Attorney
Essential Action, Access to Medicines Project
Washington, DC
Tel: (202) 387-8030
Cell: (202) 422-2687
www.essentialaction.org/access/