Which new rules? Well, the US Patent and Trademark Office on Nov. 1 will implement new rules, including one concerning the continuation of patent applications. What’s that? Current US patent law allows an inventor to file several different types of patent applications to cover new improvements to their inventions, or to cover different aspects of their inventions. One type is a continuation.

You may recall that Glaxo filed a lawsuit against the PTO, claiming the new rules are arbitrary and will prevent it from pursuing patent applications and obtaining patents on or more of its inventions, especially since the drugmaker has hundreds of various types of applications in the works. In essence, Glaxo fears the new rules will make it harder to make such filings, therefore threatening its investments.

And Chuck Schumer, the Democratic Senator from New York, wrote a letter to Jon Dudas, a PTO official, suggesting a delay. To bolster his reasoning, Chuck cites the Glaxo litigation. And he notes Congress is considering a patent reform bill that may address the issues raised in the PTO’s new rules. “A delay would allow the courts to assess the merits of the pending suit,” he writres. “The proposed rules may have the unintended consequence of stifling such innovation and I urge you to delay their implementation.”

Hat tip to PLI Blog