Stephen Kunin Quoted in Law360 Regarding the USPTO’s First-to-File Final Rules
Stephen Kunin of Oblon Spivak is quoted in Law360’s recent article regarding the USPTO’s First-to-File final rules. He said the proposed rule was unfair to applicants, who have no control over what third parties publish, and would deprive them of the grace period. The final rules are more flexible, and “it’s nice that at least they made a small, positive step in the direction of giving a more liberal interpretation of that aspect of the grace period.” Nevertheless, he said it will still be very complicated in practice to sort out what aspects of an intervening disclosure will be considered prior art or not.
“The good news is that they’ve liberalized it, but the bad news is that it will still be a highly complex process to determine to what extent the grace period will apply on a case-by-case basis.”
Mr. Kunin said the rule unfairly requires attorneys representing applicants to decide under which system an application should be examined.
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