NEWS - OCTOBER 2007

EPO UPDATE: French parliament approves the London Agreement.
As expected, on 09 October 2007 the French Senate followed the position taken by the Assemblée Nationale in approving adoption of the London Agreement.

Germany and the United Kingdom having already deposited their instruments of ratification, the London Agreement will enter into force on the first day of the fourth month following the deposit of the instrument of ratification by France. Accordingly it is expected that the Agreement will enter force in early 2008.

For further information see:
http://www.epo.org/focus/news/2007/20071010.html

USPTO Update: Claims and Continuations rules changes suspended.
On 31 October 2007 the District Court for the Eastern District Court of Virginia granted Smithkline Beecham Corporation & Glaxo Group Limited (GSK)’s request for a Preliminary Injunction enjoining the USPTO from implementing the rule changes in the Claims and Continuations Final Rule (see our August 2007 news article for more information on the rule changes).

Whilst the Preliminary Injunction is not a final order, the District Court opinion effectively held the USPTO’s proposed rulemaking to exceed the administrative authority of the USPTO, to offend the Administrative Procedures Act and to violate the US Constitution.

This Preliminary Injunction has the direct effect that the new Claims and Continuations rules, due to come into force on 01 November 2007, have not entered into force. The USPTO are to continue processing and examining patent applications under the existing rules and procedures as in force on 31 October 2007.

For further information see:
http://www.uspto.gov/web/offices/pac/dapp/opla/presentation/clmcontfinalrule.html