Rule Changes at the USPTO
March 2021
CIPA Journal
The US Patent and Trademark Office (USPTO) proposed a rule change affecting applicants subject to joint research agreements. The proposed rule expands the ability of parties to a joint research agreement to file terminal disclaimers and overcome double patenting rejections. And it further allows parties to preemptively file terminal disclaimers to expedite prosecution. This article provides a backdrop for the rule change and discusses potential benefits to applicants.
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Originally printed in CIPA Journal on March 2021. This article is for informational purposes, is not intended to constitute legal advice, and may be considered advertising under applicable state laws. This article is only the opinion of the authors and is not attributable to Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, or the firm’s clients.
