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United States - 1999 - 2000 Revisions of the Patent Law and Rules

Introduction

We have previously reported that significant changes in U.S. Patent Law were signed into law by the President on November 29, 1999 and became Public Law 106 - 113. The final group of these changes came into effect on November 29, 2000. Final rules have been issued to implement early publication of U.S. patent applications, to implement the changes relating to patent term extension (adjustment) and to address the changes in examination and provisional application practice as set out in the new law. Rules have also been published with respect to optional inter partes reexamination. Additionally the United States Patent and Trademark Office (USPTO) has effected a number of changes to its rules so as to improve efficiency. Many of these are of significant practical importance. These changes have become effective at various dates over the last two months with some further changes becoming effective in March 2001.

This document notes all of the changes in the United States Patent Law over the past year rather supplementing previous notes and communications.

The 1999 legislation also included fee reductions for patent filing fees, fees for reissue applications and certain PCT national phase entries effective on December 29, 1999. Since then the normal annual fee increases came into effect on October 1, 2000 eliminating the 1999 fee reductions. The position on fees has been complicated by Congress having voted to appropriate over $100 million from the USPTO fee income for general revenue purposes during the current fiscal year.

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© Copyright 2000, 2001 Ladas & Parry - Posted 1/22/2001
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