[Federal Register Volume 89, Number 233 (Wednesday, December 4, 2024)]
[Proposed Rules]
[Page 96152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28263]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Part 1

[Docket No. PTO-P-2024-0003]
RIN 0651-AD76


Terminal Disclaimer Practice To Obviate Nonstatutory Double 
Patenting; Withdrawal

AGENCY: United States Patent and Trademark Office, Department of 
Commerce.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The USPTO is withdrawing the Notice of Proposed Rulemaking 
(NPRM) published in the Federal Register on May 10, 2024, that proposes 
to add a new requirement for an acceptable terminal disclaimer filed to 
obviate (that is, overcome) nonstatutory double patenting.

DATES: The proposed rule published at 89 FR 40439 on May 10, 2024, is 
withdrawn as of December 4, 2024.

FOR FURTHER INFORMATION CONTACT: Susy Tsang-Foster, Senior Legal 
Advisor, Office of Patent Legal Administration, at 571-272-7711; or 
Nicholas Hill, Legal Advisor, Office of Patent Legal Administration, at 
571-270-1485.

SUPPLEMENTARY INFORMATION: This action withdraws a proposed rule 
published in the Federal Register on May 10, 2024 (89 FR 40439), to add 
a new requirement for an acceptable terminal disclaimer that is filed 
to obviate (that is, overcome) nonstatutory double patenting. The 
proposed rule's comment period was open from May 10, 2024, to July 9, 
2024.

Reason for Withdrawal

    During the proposed rule's 60-day comment period, the USPTO 
received more than 300 comments from a variety of stakeholders, 
including commenters both supporting and opposing the proposal. The 
comments are publicly available at the Federal eRulemaking Portal at 
www.regulations.gov/document/PTO-P-2024-0003-0001. Of the comments 
received on the proposed rule, 256 comments were unique.
    In light of resource constraints, the USPTO has decided not to move 
forward with the proposed rule at this time and to withdraw the 
proposed rule.
    Despite the decision not to move forward with the proposed rule at 
this time, the USPTO appreciates and takes seriously the thoughtful 
perspectives raised by commenters. The USPTO will continue engaging 
with its stakeholders as it works to foster a balanced, robust, and 
reliable intellectual property system.

Conclusion

    The proposed rule to add a new requirement for an acceptable 
terminal disclaimer that is filed to obviate nonstatutory double 
patenting, published in the Federal Register on May 10, 2024 (89 FR 
40439), is hereby withdrawn.

Katherine K. Vidal,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2024-28263 Filed 12-3-24; 8:45 am]
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