UC Comment Letters

This comment letter responds the United States Patent and Trademark Office (USPTO)'s Notice of Proposed Rulemaking on terminal disclaimer practice to obviate nonstatutory double patenting. UC endorses the Association of University Technology Manangers (AUTM)’s opposition to the USPTO’s proposed terminal-disclaimer rule, arguing that it would undermine the enforceability and presumed validity of issued patents, create due process and coercion concerns, and exceed the USPTO’s administrative rulemaking authority. UC warns that the proposal would harm university technology transfer, deter investment in federally funded inventions, weaken the Bayh-Dole innovation framework, and reduce the market introduction of new technologies, so it urges USPTO to withdraw the rule.