The USPTO's withdrawal of the proposed rule on terminal disclaimers highlights the importance of maintaining a stable and predictable patent environment for the biopharmaceutical industry.
Panelists at IPWatchdog's conference indicated that implementing the NPRM could deter innovation by increasing litigation costs, thereby impacting the industry's growth.
The NPRM aimed to limit the enforceability of terminal disclaimers tied to ‘obvious variants’, which could have created significant barriers for competitors seeking to challenge patents.
The widespread criticism surrounding the proposed rule reflects the industry's consensus on the need to avoid changes that would weaponize the patent system against biopharmaceutical companies.
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