Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Adjustments (1)
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.
To learn more:
And Extensions (1)
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.
To learn more:
MPEP 2500 – Maintenance Fees (1)
A terminal disclaimer can affect the term of a patent, but it does not change the maintenance fee payment requirements. According to MPEP 2520:
“The term of a patent might be shortened, e.g., by a terminal disclaimer. If a patent will expire part way between the due dates set in 35 U.S.C. 41(b), or between the latest due date and the term set in 35 U.S.C. 154, it is still required that the entire maintenance fee amount for the due date be paid.”
This means that even if a terminal disclaimer shortens the patent term, you are still obligated to pay the full maintenance fee for each due date that occurs before the patent expires. The USPTO does not prorate or reduce maintenance fees based on a shortened patent term resulting from a terminal disclaimer.
To learn more:
MPEP 2520 – Maintenance Fee Amounts (1)
A terminal disclaimer can affect the term of a patent, but it does not change the maintenance fee payment requirements. According to MPEP 2520:
“The term of a patent might be shortened, e.g., by a terminal disclaimer. If a patent will expire part way between the due dates set in 35 U.S.C. 41(b), or between the latest due date and the term set in 35 U.S.C. 154, it is still required that the entire maintenance fee amount for the due date be paid.”
This means that even if a terminal disclaimer shortens the patent term, you are still obligated to pay the full maintenance fee for each due date that occurs before the patent expires. The USPTO does not prorate or reduce maintenance fees based on a shortened patent term resulting from a terminal disclaimer.
To learn more:
MPEP 2700 – Patent Terms (1)
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.
To learn more:
MPEP 2731 – Period Of Adjustment (1)
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.
To learn more:
Patent Law (2)
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.
To learn more:
A terminal disclaimer can affect the term of a patent, but it does not change the maintenance fee payment requirements. According to MPEP 2520:
“The term of a patent might be shortened, e.g., by a terminal disclaimer. If a patent will expire part way between the due dates set in 35 U.S.C. 41(b), or between the latest due date and the term set in 35 U.S.C. 154, it is still required that the entire maintenance fee amount for the due date be paid.”
This means that even if a terminal disclaimer shortens the patent term, you are still obligated to pay the full maintenance fee for each due date that occurs before the patent expires. The USPTO does not prorate or reduce maintenance fees based on a shortened patent term resulting from a terminal disclaimer.
To learn more:
Patent Procedure (2)
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.
To learn more:
A terminal disclaimer can affect the term of a patent, but it does not change the maintenance fee payment requirements. According to MPEP 2520:
“The term of a patent might be shortened, e.g., by a terminal disclaimer. If a patent will expire part way between the due dates set in 35 U.S.C. 41(b), or between the latest due date and the term set in 35 U.S.C. 154, it is still required that the entire maintenance fee amount for the due date be paid.”
This means that even if a terminal disclaimer shortens the patent term, you are still obligated to pay the full maintenance fee for each due date that occurs before the patent expires. The USPTO does not prorate or reduce maintenance fees based on a shortened patent term resulting from a terminal disclaimer.
To learn more: