Photo by Johannes Plenio on Unsplash

Today, Americans for Tax Reform submitted comments urging the United States Patent and Trademark Office (USPTO) to withdraw their proposed rule changes on the use of terminal disclaimers.

Under this proposal, a patent applicant who applies for a terminal disclaimer must agree that, if the United States Patent and Trademark Office (USPTO) rejects a single claim in one patent, it would render all other patents filed in the terminal disclaimer unenforceable. This is a drastically different approach than the current process, in which each claim is evaluated by its own merits.

ATR argued that this rule may exceed the Office’s rulemaking authority, could increase the costs and timeline of a patent application, threatens to disincentivize innovation, and is contrary to decades-long patent practices.

To read ATR’s comments in full, click here or see below.