Patents District Court Declares Uspto's Final Rules Void

摘要

In Tafas v. Dudas, 2008 WL 859467 (H.D. Va. Apr. 1, 2008), the plaintiffs sought to enjoin the United States Patent and Trademark Office (USPTO) from enacting "Changes to Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent Applications," 72 Fed. Reg. 46,716-843 (Aug. 21, 2007) (to be codified at 37 C.F.R. part 1) (Final Rules). The plaintiffs assert that these Final Rules are substantive in nature and change long-standing rules that govern patent examinations, and thus are unlawful and void. The USPTO asserts that the Final Rules fall within the rulemaking authority of the relevant statute, and so are lawful.