About a year ago, the UnitedStates Patent and Trademark Office(PTO) proposed changes to patentpractice for continuing applicationsfiled under 35 U.S.C. �120.[FOOTNOTE 1] The proposedchanges would permit only one continuedapplication filing as of right; a “continuedapplication” not only includes continuationapplications, but also continuation-in-part applications and requests forcontinued examination. These proposalscaused alarm and much criticism amongmany patent practitioners as well as theirclients.

However, the rules proposed by thePTO are not the only threat to continuationpractice. Some recent decisionsof the Court of Appeals for the FederalCircuit effectively eliminate the statutoryentitlement to an earlier filing date,without generating the same outcry asthe PTO proposal.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]