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ARTICLE · 10 DECEMBER 2024

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Osha Bergman Watanabe & Burton LLP
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On December 3, 2024, the United States Patent and Trademark Office ("USPTO") formally withdrew its highly controversial proposal to add a new requirement for terminal disclaimers. Terminal disclaimers are often.

United StatesIntellectual Property
John Osha
John Osha
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On December 3, 2024, the United States Patent and Trademark Office ("USPTO") formally withdrew its highly controversial proposal to add a new requirement for terminal disclaimers. Terminal disclaimers are often filed during prosecution of U.S. patents to overcome non-statutory double patenting rejections. The proposal, published in May of 2024, would have imposed a new practice under which a patent in which a disclaimer is filed would be enforceable only if no claim in a patent to which it is tied by the terminal disclaimer has been found invalid. The proposal was roundly criticized as onerous, unnecessary, and disruptive to well-established practice.

The USPTO published a Notice of Proposed Rulemaking ("the Notice") on May 10, 2024. The summary of the Notice explained:

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