Patent Office Practice Virtual Lunch Discussion on Proposed Rule Changes to Disclaimer Practice and State of the Law Relating to Obviousness-Type Double Patenting
Patent Office Practice Committee
On Friday, August 13, the BPLA’s Patent Office Practice Committee held a brown back lunch discussing the USPTO’s December 2020 Notice of Proposed Rulemaking (NPR) on disclaimer practice in patents and patent applications. Patent Office Practice Committee co-chair Matthew Van Eman, McCarter & English, LLP, led a presentation on the background surrounding the NPR (including a summary of terminal disclaimer practice), outlined the proposed rule changes, and discussed the public comments that were received by the March 2021 deadline. The group also reviewed some of the recent case law around obviousness-type double patenting.