New USPTO Rules will Affect Patenting Strategies and May Increase the Cost of Obtaining Patents for All Applicants

August 27, 2007

On August 21, 2007, the United States Patent and Trademark Office (USPTO) issued new rules (1) limiting the number of continuing applications that can be filed without justification, (2) limiting the number of claims that can be presented in a given application without having to provide a burdensome detailed patentability analysis, and (3) imposing requirements to provide the USPTO with information concerning co-pending applications. The rules take effect November 1, 2007, but many provisions will apply to applications that are already pending as of that date. The new rules are complicated with many interrelated provisions.

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