Why is a terminal disclaimer required for petitions to excuse unintentional delay in international design applications?

A terminal disclaimer is required for petitions to excuse unintentional delay in international design applications to prevent the applicant from unfairly extending the patent term due to the delay. This requirement is specified in 37 CFR 1.1051(d). The MPEP explains: “Pursuant to 37 CFR 1.1051(d), any petition under 37 CFR 1.1051(a) must be accompanied by…

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Are there any limitations on patent term extensions for applications filed between June 8, 1995, and May 28, 2000?

Yes, there are several limitations on patent term extensions for applications filed between June 8, 1995, and May 28, 2000. According to MPEP 2720: The total duration of all extensions cannot exceed 5 years. Extensions for successful appeals are limited to patents not subject to a terminal disclaimer. The period of extension will be reduced…

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