With great relief, we are pleased to share this news with you. Please click here to see the attached announcement today made by the USPTO that withdraws the highly controversial proposal by outgoing Director of the USPTO, Katherine Vidal, to change the rules on Terminal Disclaimers (TDs). Because of this withdrawal, there is NO LONGER a risk of a new requirement to file a statement along with a TD that you agree that the patent subject to the TD is unenforceable if ANY ONE CLAIM in the patent listed in the TD is found to be invalid. Withdrawing this proposed new rule is good news for companies that protect their technologies with US patents.
As you may know, Director Vidal resigned after Donald Trump was announced to be the next President of the US. She indicated her last day would be in the second week of December 2024. President-Elect Trump is expected to appoint a new Director of the USPTO in 2025. Until then, Deputy Director Derrick Brent will serve as acting USPTO Director.
Please let us know if you have any questions about this update.
