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 is required with a petition to revive under 37 CFR 1.137 in the following cases:
- Design applications
- Utility or plant applications filed before June 8, 1995
- Utility or plant applications filed between June 8, 1995 and May 29, 2000 that became abandoned during appeal, interference, or while under a secrecy order
The MPEP states:
37 CFR 1.137(d) requires that a petition under 37 CFR 1.137 be accompanied by a terminal disclaimer (and fee), regardless of the period of abandonment, in: (A) a design application; (B) a nonprovisional utility application (other than a reissue application) filed before June 8, 1995; or (C) a nonprovisional plant application (other than a reissue application) filed before June 8, 1995.
The terminal disclaimer dedicates to the public a portion of the patent term equal to the period of abandonment.