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« Follow-on Biologics News Briefs - No. 5 | Main | Ironically, It Seems Big Pharma Is Preferred by Venezuelan People »

July 20, 2009

Comments

Now all we need is for the Federal Circuit to similarly wake up, and then I shall be a relatively happy camper again!

I guess we will need to wait and see what constitutes "adequate [published] notice...in advance of the due date" for this potential fee. The November 2008 Federal Register Notice seems rife with potential landmines.

Hopefully if the PTO does enact some retroactive fee, it will clarify that the "delinquency fee penalty set forth in 11.11(b)(1),[$50] and further financial penalties and administrative suspension as set forth in 11.11(b)(2) ['Rule to Show Cause why his or her registration...should not be administratively suspended, and he or she no longer be permitted to practice before the Office in patent matters or in any way hold himself or herself out as being registered or authorized to practice before the Office in patent matters.'] and (b)(3) [administrative reinstatement procedures are involved and have an associated fee of $100]" will be waived, or at least a clear deadline set.

Seems like nothing could possibly go wrong...

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