Can the requirement for a terminal disclaimer in a revival petition be waived?
The requirement for a terminal disclaimer in a revival petition can potentially be waived, but only in extraordinary circumstances. Key points:
- Applicants can file a petition under 37 CFR 1.183 requesting waiver of the terminal disclaimer requirement
- The petition must show an ‘extraordinary situation’ where ‘justice requires’ the requested relief
- An example of a situation that may warrant waiver is when the abandonment caused no actual delay in prosecution
- Waiver requests are strictly limited and not routinely granted
The MPEP states:
In the event that an applicant considers the requirement for a terminal disclaimer to be inappropriate under the circumstances of the application at issue, the applicant should file a petition under 37 CFR 1.183 (and petition fee) to request a waiver of this requirement of 37 CFR 1.183. Such a petition may request waiver of this requirement in toto, or to the extent that such requirement exceeds the period considered by applicant as the appropriate period of disclaimer. The grant of such a petition, however, is strictly limited to situations wherein applicant has made a showing of an ‘extraordinary situation’ in which ‘justice requires’ the requested relief.
To learn more: