The deadline for comments on the U.S. Patent and Trademark Office’s (USPTO’s) notice of proposed rulemaking (NPRM) on terminal disclaimer practice was July 9 and several key organizations weighed in just as the door was closing. One of those commenters was the Federal Trade Commission (FTC), which claimed in its comment letter that “[t]he use of terminal disclaimers linking similar patent claims can exacerbate the exclusionary impact of patent thickets by forcing potential market entrants to incur the high cost of challenging multiple duplicative patents.”

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