Intellectual Property

Judge Grants Preliminary Injunction to GSK

Wed Oct 31, 2007 9:30 pm
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October 31, 2007 - Today, in Alexandria, Virginia, Judge Cacheris of the Eastern District of Virginia granted a motion by GlaxoSmithKline (GSK), issuing a preliminary injunction preventing the PTO from implementing its new Claims and Continuations Final Rules that were to go into effect on November 1, 2007. The Claims and Continuations Final Rules, published in the Federal Register on August 21, 2007, sought to change several key practices in patent application examination.  The "claims" portion of the Final Rules seeks to limit most patent applications to a maximum of 5 independent claims and 25 total claims. The "continuations" part of the Final Rules limits the amount of continuations filed in each patent application to two and the number of requests for continued examination to one, in the absence of a petition. GSK contends in its motion that the PTO lacks the authority to make such substantive patent rule changes. In response to the preliminary injunction, the USPTO has issued a notice on its website that PTO employees are to continue to processing and examining applications under the old rules until further notice. 

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