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Mixed Results in Tafas v. Doll Appeal Over New Patent Rules

  • 03.20.09
  • Erick Sherman

The industry has been closely monitoring the Tafas v. Doll (formerly Tafas v. Dudas) lawsuit over whether the U.S. Patent and Trademark Office would be able to make rule changes that would significantly limit patent applications. Today, the U.S. Court of Appeals for the Federal Circuit (CAFC) announced its ruling, and the net result won’t leave any of the interested parties in unqualified cheer. That is because a split court agreed that the USPTO had the necessary authority to impose the rules, but that one was in conflict with existing patent law and that a lower court needed to review whether the drafting and review process had been proper.

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