News & Analysis as of

NPRM Terminal Disclaimer Patent Litigation

Goodwin

The USPTO Proposes a Radical Change to Terminal Disclaimer Practice: You Have an Opportunity to Comment

Goodwin on

On May 10, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking that, if enacted, would tie the enforceability of every claim of a patent subject to a terminal disclaimer to the...more

Womble Bond Dickinson

How Are The USPTO’s Proposed Rule Changes For Terminal Disclaimers Problematic?: Let Me Count The Ways

Womble Bond Dickinson on

On May 10, 2024, the United States Patent and Trademark Office (USPTO) issued a Notice of Proposed Rulemaking (Notice) proposing changes to terminal disclaimer (TD) practice....more

Axinn, Veltrop & Harkrider LLP

Notice of Proposed Rulemaking to Expand Reach of Terminal Disclaimers

On May 10, 2024, the USPTO posted a notice of proposed rulemaking (NPRM) soliciting comments regarding a proposed change concerning terminal disclaimers used to overcome non-statutory double patenting. The proposed change...more

WilmerHale

USPTO's Notice of Proposed Rulemaking on Terminal Disclaimer Practice

WilmerHale on

On May 10, 2024, the United States Patent and Trademark Office (USPTO) published a notice of proposed rulemaking (NPRM) that proposes a rule regarding new requirements for terminal disclaimers filed to obviate nonstatutory...more

MoFo Life Sciences

USPTO Considers Changing Terminal Disclaimer Practice To Require Agreement Regarding Enforceability

MoFo Life Sciences on

On May 10, 2024, the USPTO issued a Notice of Proposed Rulemaking that proposes major changes to terminal disclaimer practice that could greatly affect both patent prosecution and patent litigation strategies. Specifically,...more

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