How do terminal disclaimers affect patent expiration dates?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Terminal disclaimers can affect the expiration date of a patent by limiting its term to that of an earlier-issued patent. The MPEP explains, If the disclaimer disclaims the terminal portion of the term of the patent which would extend beyond the expiration date of an earlier issued patent, then the expiration date of the earlier issued patent determines the expiration date of the patent subject to the terminal disclaimer . However, the exact impact depends on the language of the disclaimer and may require examination of the patent file history. It’s important to note that a patent term extension under 35 U.S.C. 156 can still be applied to a patent subject to a terminal disclaimer. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Expiration Date Determined by Specific Date MPEP 2701 Effect of Terminal Disclaimer on Patent Term MPEP 2701 Patent Terms Reduced by Terminal Disclaimers MPEP 2701 Expiration Date Determined by Earlier Patent MPEP 2701 Patent Term Extension Separate from Section 154 MPEP 2701 Permitted Patent Term Not Extended Beyond Disclaimed Date MPEP 2701 How to Determine Original Expiration Date for Patents with Terminal Disclaimers MPEP 2701 Terminal Disclaim Date Before June 8, 1995 MPEP 2701 Extension Permitted for Patents with Terminal Disclaimers MPEP 2701 Permitted Priority Not Considered in Patent Term Determination MPEP 2701 Prohibited Other Related FAQs 5 FAQs Collapse How do continuing applications affect patent term? How is the patent term calculated for design patents? How long is the term for design patents? How does foreign priority affect patent term? What are patent term extensions and adjustments?