IP Blog
stautory disclaimer of patent claims
Statutory Disclaimer Moots Covered Business Method Review
When a patent owner disclaims patent claims for which another party petitions for Covered Business Method Review, the petition is moot. The rule is pretty clear on this point: “[t]he patent owner may file a statutory disclaimer under 35 U.S.C. 253(a),” and “[n]o post-grant review will be instituted based on disclaimed claims.” 37 C.F.R. § 42-207(e). So when the Patent...