How do terminal disclaimers affect reissue patents?
How do terminal disclaimers affect reissue patents?
Terminal disclaimers filed for the original patent continue to apply to reissue patents. According to MPEP 1405:
“Any terminal disclaimer filed in the original patent carries over to the reissue. This is because the reissue patent is for the same invention as that of the original patent and would extend only for the remainder of the term of the original patent.”
This means that if a terminal disclaimer was filed during the prosecution of the original patent, it remains in effect for the reissue patent. The reissue patent’s term will be limited by the terminal disclaimer, just as the original patent was. If a new terminal disclaimer is necessary for the reissue patent, it must be filed during the reissue prosecution.
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