Major Proposed Changes to Terminal Disclaimer Practice (and You are Not Going to Like it)

by Dennis Crouch The USPTO recently issued a notice of proposed rulemaking that could significantly impact patent practice, particularly in the realm of terminal disclaimers filed to overcome non-statutory double patenting rejections.  Under the proposed rule, a terminal disclaimer must include an agreement that the patent will be unenforceable if it is tied directly or … Continue reading Major Proposed Changes to Terminal Disclaimer Practice (and You are Not Going to Like it)