USPTO Rescinds Controversial Claiming and Continuations Rules

The USPTO announced today that it will officially rescind its controversial claiming and continuations rules package next week.  The restrictive rules package sought to impose extensive limits on the way applicants could claim their inventions and on the number of continuation applications an applicant could file.  The rules package, which was challenged immediately upon issuance, was declared void by a district court as beyond the office’s rule-making authority.  That decision was subsequently reversed by the Federal Circuit earlier this year.  At the time of the announcement, the rules package was set to be reviewed en banc by the Federal Circuit, but will be dismissed in light of the USPTO’s action.