New US patent rules blocked

A preliminary injunction was granted recently against a set of controversial new rules from the US Patent and Trademark Office (USPTO). As a result, the new rules will not go into effect for the time being.

The rules, which limit the number of continuing applications to two and the number of claims per application to 25, including no more than five independent claims, have been strongly opposed by patent practitioners and industry leaders.

According to IP Law 360, GlaxoSmithKline filed the final complaint against the USPTO, alleging that the rules were introduced without “proper legal authority” and that the new rules were “vague, arbitrary and capricious”.

In a response submitted after the hearing, the USPTO stated that they will be standing by their new regulations.