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So the public comment period for the USPTO final rules ended around the second week of October and I was a little surprised to see so little action. And then I came across this post on "The Patent Prospector" Blog. GSK is apparently trying to get the courts to take a look at the final rules and how inventors will be unfairly affected by the final rules.
All of this is based on, what is atleast obscure to me, "The Patent Act confines the PTO's powers to regulating internal procedures in practice before the agency." (lifted verbatim from The Patent Prospector Blog)
If you feel adventurous enough, try to read "35 U.S.C. § 2(b)(2). Section 2(b)(2) " and the blog post to understand more of this. Apparently the federal courts have ruled that "Section 2(b)(2) does not confer on the PTO the power to issue substantive rulemakings".
In effect, I am hoping this means, the USPTO simply cannot "do this". That is good enough for me. Thank you GSK! (like someone posted on the comments). However, what I don't get is this: I think in totality there was just one other case filed by an "inventor dude". Other than that, none of these deep - pocketed companies that "believe in product innovation to maximize the value to our customers" make even a half-hearted attempt to fight the USPTO. How not so surprising! Nor were the omnipresent ACLU or any of their frat bros interested.
Well, I hope the courts rule that the USPTO "final rules" are fit for the trash can. Good Enough!!
It must have been quite a party the day they announced their big "work reduction program". Keep your pay checks and have very little to do. Must have sounded great. Next they would have issued rules to say "Claims should fit on one side of an A4 sheet typed in size 12 font and with no less than 2 drawings". Ah, well, those would have been the days...
But is anyone going to do anything to prevent the USPTO from being naughty again in the future? Who is going to tell Santa Claus that while people work hard to make progress in their lives and society, the USPTO decided to distract public money, time and attention to make seemingly illegal "rulemakings" ?
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