The USPTO Wants to Make Things Clearer for Competing Inventors
On 5 May 2024, the USPTO proposes to amend the rules of practice to add a new requirement for an acceptable terminal disclaimer that is filed to obviate nonstatutory double patenting.
The proposed rule change would require terminal disclaimers filed to obviate nonstatutory double patenting to include an agreement by the disclaimant that the patent in which the terminal disclaimer is filed will be enforceable only if the patent is not tied to a patent by one or more terminal disclaimers involved.
The USPTO Addresses Limitations for "Means-Plus-Function" and "Step-Plus-Function" Claims
On March 18, 2024, the United States Patent and Trademark Office (USPTO) has taken a step towards clearer patent records by issuing a memorandum to examiners on the importance of consistent analysis for "means-plus-function" and "step-plus-function" limitations. This clarifies what inventors need to include in their applications to secure broader patent protection.