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Former USPTO Directors Oppose USPTO's Proposed Terminal Disclaimer Rules

The USPTO's proposed rules on filing terminal disclaimers have sparked significant concerns within the patent community. Many fear that these rules could have harsh implications for patent validity and may not align with existing laws. The past two directors of the USPTO have voiced similar worries and urged Director Vidal to reconsider these rules. Critics argue that the proposed rules could create unfavorable incentives and potentially harm America's innovation economy. Many have also expressed concern that the proposed rules overstep the office's rulemaking authority. It currently seems unlikely the proposed rule will come into effect—at least not without significant changes—but patent owners should say informed on these developments and be prepared to work with patent counsel to update their patent strategies if significant rule changes are implemented.

"These proposed rules provide perverse incentives and threaten serious harm to America's innovation economy," they continued. "They are contrary to law, and it will be argued that they exceed the office's rulemaking authority."

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patents & emerging technologies, intellectual property