Update on Proposed Terminal Disclaimer Requirement
Back in December of 2024, we wrote an article entitled “Alarming Proposal Regarding Terminal Disclaimers” that was critical of a requirement the USPTO was planning to implement that would force patentees filing a terminal disclaimer to overcome a non-statutory double patenting rejection to disclaim enforceability of a patent tied directly or indirectly to another patent by one or more terminal disclaimers. Fortunately, the USPTO withdrew the proposal.