How does a terminal disclaimer affect a divisional application?

A terminal disclaimer filed in a parent application can affect a divisional application in specific ways. According to MPEP 201.06: ‘The divisional application must be directed to subject matter described and claimed in the prior nonprovisional application.’ This means that if a terminal disclaimer was filed in the parent application, it may impact the divisional…

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What happens to terminal disclaimers in a divisional application?

Terminal disclaimers filed in a parent application do not automatically carry over to a divisional application. The MPEP 201.06 states: ‘A terminal disclaimer filed to obviate a nonstatutory double patenting rejection in a parent application does not carry over to a divisional application. The applicant filing the divisional application must determine whether a new terminal…

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