What is the impact of a terminal disclaimer on an abandoned application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 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 have significant implications for an abandoned application. The MPEP 711.02(b) provides guidance on this matter: The mere existence of a recorded terminal disclaimer filed to obviate a double patenting rejection does not preclude an application from becoming abandoned for failure to reply to an Office action. The establishment of the terminal disclaimer creates only a formal relationship between applications or patents; it does not revive an abandoned application. Key points to understand: A terminal disclaimer alone does not prevent abandonment It does not automatically revive an abandoned application Applicants must still respond to Office actions to avoid abandonment If an application becomes abandoned, a proper petition for revival is necessary, regardless of any terminal disclaimer Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Reply Required to Save Application from Abandonment MPEP 711 Required Abandonment Through Failure to Prosecute Appeal MPEP 711.02(b) Permitted Amendments Not Saving Application from Abandonment MPEP 711 Petition for Express Abandonment Before Publication MPEP 711 Required 2 Months to Respond to Office Action MPEP 2266 Abandonment for Missing Appeal MPEP 711.02(b) Required Response to Office Action May Be Refused MPEP 2266.03 Permitted Application Must Be Explicitly Abandoned MPEP 711 Improper RCE Does Not Toll Time Periods MPEP 711.02(b) Failure to Timely Respond to OPAP Notice Abandons Application MPEP 601.01(g) Other Related FAQs 5 FAQs Collapse How does the USPTO handle applications abandoned after payment of the issue fee? Can an abandoned application be used as a reference against other applications? H...