How does a terminal disclaimer affect a CPA?

A terminal disclaimer filed in a parent application automatically carries over to a Continued Prosecution Application (CPA). The MPEP clearly states:

“A terminal disclaimer filed in the parent application carries over to a CPA. The terminal disclaimer filed in the parent application carries over because the CPA retains the same application number as the parent application, i.e., the application number to which the previously filed terminal disclaimer is directed.”

However, if an applicant does not want the terminal disclaimer to apply to the CPA, they must take specific action:

“If applicant does not want the terminal disclaimer to carry over to the CPA, applicant must file a petition under 37 CFR 1.182 along with the required petition fee, requesting the terminal disclaimer filed in the parent application not be carried over to the CPA.”

It’s important to note that such a petition must be filed and granted before the patent issues to be effective.

For more information on continuation application, visit: continuation application.

For more information on design patent, visit: design patent.

For more information on patent term, visit: patent term.