With the public comment period on the U.S. Patent and Trademark Office’s (USPTO) notice of proposed rulemaking (NPRM) on terminal disclaimers filed to overcome non-statutory double patenting rejections closing on July 9, the Office has so far received a total of 114 comments. Many of the comments filed by industry stakeholders share the view of several former highly-ranking USPTO officials who urged the agency to rescind the NPRM for its deleterious effects on patent owners. Those entities supporting the NPRM largely rely upon drug pricing arguments that rely on controversial data.

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