How does a terminal disclaimer affect patent term adjustment?

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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. A terminal disclaimer can limit the effect of patent term adjustment (PTA). According to MPEP 2731 : “ 37 CFR 1.703(g) indicates that no patent, the term of which has been disclaimed beyond a specified date, shall be adjusted under 37 CFR 1.702 and 1.703 beyond the expiration date specified in the disclaimer (35 U.S.C. 154(b)(2)(B)). “ This means that if a patent applicant has filed a terminal disclaimer, agreeing that the patent will expire on a certain date (typically to avoid a double patenting rejection), the PTA cannot extend the patent term beyond that date. The terminal disclaimer effectively sets an upper limit on the total term of the patent, regardless of any delays that might otherwise qualify for PTA. It’s important for applicants to consider the potential impact on PTA when deciding whether to file a terminal disclaimer, especially in cases where significant USPTO delays have occurred during prosecution. In some cases, it may be advantageous to address double patenting issues through other means if preserving PTA is a priority. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Period of Patent Term Adjustment Is Summed MPEP 2731 Expiration Date Specified in Disclaimer Determines Patent Term Adjustment MPEP 2731 Required Period of Adjustment for Patent Term Due to Examination Delay MPEP 2731 Period of Patent Term Adjustment Due to PTAB Jurisdiction MPEP 2731 Period of Adjustment for Patent Term Due to Examination Delay MPEP 2731 Period of Adjustment for Patent Term Due to Examination Delay MPEP 2731 Period of Adjustment for Patent Term Due to Examination Delay MPEP 2731 Period of Adjustment for Patent Term Due to Interference/Secrecy MPEP 2731 Period o...