How does a terminal disclaimer affect patent term adjustment eligibility?

A terminal disclaimer can significantly affect patent term adjustment eligibility. According to MPEP 2751:

Patents subject to a terminal disclaimer are not eligible for patent term adjustment under 35 U.S.C. 154(b).

This means that if a patent is subject to a terminal disclaimer, it is not eligible for any patent term adjustment, regardless of any delays that may have occurred during prosecution. Terminal disclaimers are typically filed to overcome obviousness-type double patenting rejections and limit the enforceable term of a patent to that of a related patent or application.

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Topics: Adjustments, And Extensions, MPEP 2700 - Patent Terms, MPEP 2751 - Eligibility Requirements, Patent Law, Patent Procedure
Tags: Double Patenting, Eligibility, patent term adjustment, Terminal Disclaimer