Innovation & intellectual property · 10/05/2024

USPTO Proposes Rule Change to Prevent Nonstatutory Double Patenting

The US Patent and Trademark Office (USPTO) is proposing a rule change to require terminal disclaimers filed to overcome nonstatutory double patenting to include an agreement that the patent will be enforceable only if it has not been tied to another patent through a terminal disclaimer, preventing multiple patents from deterring competition and promoting innovation.