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DOC/PTO | RIN: 0651-AD46 | Publication ID: Fall 2020 |
Title: Disclaimer Practice in Patents and Patent Applications | |
Abstract:
The USPTO proposes to amend the Rules of Practice in Patent Cases to permit a terminal disclaimer to obviate nonstatutory double patenting based upon a reference application or patent owned by parties to a joint research agreement where the reference application or patent is neither prior art to nor commonly owned with the application or patent in which the disclaimer is filed. The USPTO also proposes to amend its rules of practice to explicitly permit the filing of preemptive terminal disclaimers with enforcement limitations. The USPTO further proposes to codify current practice permitting the preemptive filing of an affidavit or a declaration of attribution or of prior public disclosure to disqualify a disclosure as prior art in an application or patent under reexamination subject to the first-inventor-to-file provisions of the Leahy Smith America Invents Act. |
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Agency: Department of Commerce(DOC) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
EO 13771 Designation: Not subject to, not significant | |
CFR Citation: 35 CFR 1.130 35 CFR 1.321 | |
Legal Authority: 35 U.S.C. 2(b)(2) 35 U.S.C. 253 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Raul Tamayo Senior Legal Advisor Department of Commerce Patent and Trademark Office P. O. Box 1450, Alexandria, VA 22313-1450 Phone:571 272-7728 Fax:571 273-7728 Email: raul.tamayo@uspto.gov |