Can a recorded terminal disclaimer be withdrawn?

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A recorded terminal disclaimer may be withdrawn before the application issues as a patent or before a reexamination certificate issues. However, after a patent or reexamination certificate issues, a recorded terminal disclaimer will not be nullified.

The MPEP states: If timely requested, a recorded terminal disclaimer may be withdrawn before the application in which it is filed issues as a patent, or if a terminal disclaimer is filed in a reexamination proceeding, before the reexamination certificate issues. After a patent or reexamination certificate issues, a recorded terminal disclaimer will not be nullified.