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USPTO Director Announces New Examination Options

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan -- Undersecretary of Commerce and U.S. Patent and Trademark Office Director David Kappos today announced a three tiered patent prosecution regime, termed "Three Track" to be instituted in the Office. The scheme will be implemented as rulemaking pursuant to 35 U.S.C. § 2 and after a Notice and Comment period under the Administrative Procedures Act, although the Director noted that Congress would (under current law) need to set fees for the different prosecution options (or enact legislation providing the Office with fee-setting authority; see "New USPTO Fee-Setting Bill Introduced in House"). The Director's announcement was made...

Full post as published by Patent Docs on June 04, 2010 (boomark / email).