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Controversial New Patent Rules Blocked Commentary by Milord A. Keshishian

On the eve of the rules' implementation, in the U.S. District Court for the Eastern District of Virginia, pharmaceutical company GlaxoSmithKline won a preliminary injunction against the U.S. Patent and Trademark Office ("PTO"), temporarily blocking the enactment of the new patent rules. The patent rules were largely criticized in solicited commentary to the PTO because the new rules would increase the cost of seeking patent protection and limit the rights of applicants.

November 1, 2007 -- Patent attorney, Milord A. Keshishian, offers an analysis of Glaxo's preliminary injunction victory. According to Keshishian, the PTO's new patent rules limited the number of "claims" that an applicant could file, thereby limiting the scope of protection afforded an invention. Also, the new rules limited the number of "continuation" applications that could be filed as an offshoot of an original application. Continuation applications are very common in the pharmaceutical industry because, after conducting tests, new information is discovered that needs to be added to the original application via a continuation application.

In the written ruling blocking the PTO's implementation of the new rules, Judge James Cacheris stated that Glaxo raises:

- "serious concerns as to whether the Final Rules comport with the Patent Act;" and

- "serious concerns as to whether a reasonably prudent person would be able to comply with the [Examination Support Document requirements."

Click here to read the order: www.milordlaw.com.

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