Can a terminally disclaimed patent be eligible for patent term extension?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. Yes, a patent may be extended under 35 U.S.C. 156 , even if it has been terminally disclaimed. The MPEP states: “A patent may be extended under 35 U.S.C. 156, even though it has been terminally disclaimed.” This is because a patent term extension under 35 U.S.C. 156 is a limited extension of patent rights associated with the approved product that is attached to the original term of the patent. Unlike other patent term adjustments, there is no exclusion in 35 U.S.C. 156 for terminally disclaimed patents. The case of Merck & Co., Inc. v. Hi-Tech Pharmacal, Co., Inc. , 482 F.3d 1317 (Fed. Cir. 2007) confirms that patents may receive a patent term extension under 35 U.S.C. 156 beyond an expiration date set by a terminal disclaimer. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Term Extension Beyond Terminal Disclaimer MPEP 2751 Patent Term Extension for Approved Product MPEP 2751 Eligibility Requirements for Patent Term Extension MPEP 2751 Permitted Patent Term Extension Beyond Terminal Disclaimer MPEP 2751 Prohibited Extension of Patent Term for Approved Products MPEP 2751 Required Patent May Extend Despite Terminal Disclaimer MPEP 2751 Permitted Requirements for Patent Term Extension MPEP 2751 Permitted Extension of Patent Term for New Animal Drugs and Biological Products MPEP 2751 Permitted Patent Term Extension Not Excluded by Double Patenting MPEP 2751 Only One Patent May Be Extended Per Product MPEP 2751 Permitted Other Related FAQs 5 FAQs Collapse What conditions must be met for a patent to qualify for term extension? Are design patents eligible for patent term adjustment? How does the &#8220;first permitted marketing or use&#8221; requirement affect...