The Justice Department urged the U.S. Court of Appeals for the Federal Circuit to stop its review of four patent protection rules until the next U.S. Patent and Trademark Office director is sworn in, The National Law Journal reported today.
The district court knocked down four rules that govern patent prosecutions, but a three-judge Federal Circuit panel upheld three and knocked down one. An en banc review of the rules by the U.S. Court of Appeals is scheduled to begin October 7. The case is Tafas v. Doll.
President Obama nominated David Kappos last month to lead PTO. The Senate Judiciary Committee will hold a hearing on his appointment tomorrow. The DOJ asked the court to resume proceedings 60 days after the confirmation of the new PTO director in order to give the official time to review the rules, The Journal reported.
According to The NLJ, The DOJ added:
“The challenged rules at issue are not currently being enforced by the USPTO, which is enjoined from implementing them, and the Office will not implement them during the requested stay.”