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« USPTO to Hold Public Meeting to Discuss PCT improvements | Main | Like Peas in a Pod »

January 11, 2010

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Of course, there may be another scenario. This being the Patent Office, how many petitions, filed within the proper time limits after grant, are languishing in the Office "undecided?" It seems like any of these should remain undecided until the Office decides what it will do.

Maybe not as many as you would think, Kevin. The Patent Office has been deciding Wyeth-based decisions and denying them on the merits (refusing to follow the D.C. D.C. decision). While we asked the PTO to hold decisions in abeyance pending the outcome of the Wyeth appeal, the PTO refused to do so, saying there was no authority that permitted the PTO to hold a petition decision in abeyance. Never mind that there also is no authority requiring the PTO to decide a petition in any set time frame.

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