By Joshua Rich — As discussed at length in a previous post on this blog (see “USPTO Proposed Rule Change to Terminal Disclaimer Practice”), the U.S. Patent and Trademark Office has proposed amending the form of terminal disclaimer to be used by patent applicants. Specifically, it proposes requiring terminal disclaimers filed to obviate nonstatutory (or obviousness-type) double patenting to include an agreement that the patent will be enforceable only if no claim of any patent to which it is tied by terminal disclaimers has been found by a final decision of a court or the USPTO to be invalid or…
