On May 10, 2024, the United States Patent and Trademark Office (USPTO) proposed a new rule to modify terminal disclaimers, aimed at addressing non-statutory double patenting rejections. However, following extensive public feedback, the USPTO withdrew the proposal on December 4, 2024. The intended rule sought to ensure that patents tied through terminal disclaimers would remain enforceable only if not linked to any patent deemed invalid by a court or the USPTO. Critics argued that the change would disproportionately burden smaller patentees and favor patent challengers. With the withdrawal, existing practices remain in place, necessitating careful navigation of terminal disclaimers in future patent strategies.
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