How does a terminal disclaimer affect maintenance fee payments?

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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. A terminal disclaimer can affect the term of a patent, but it does not change the maintenance fee payment requirements. According to MPEP 2520 : “The term of a patent might be shortened, e.g., by a terminal disclaimer. If a patent will expire part way between the due dates set in 35 U.S.C. 41(b), or between the latest due date and the term set in 35 U.S.C. 154, it is still required that the entire maintenance fee amount for the due date be paid.” This means that even if a terminal disclaimer shortens the patent term, you are still obligated to pay the full maintenance fee for each due date that occurs before the patent expires. The USPTO does not prorate or reduce maintenance fees based on a shortened patent term resulting from a terminal disclaimer. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Full Maintenance Fee Due Before Expiration MPEP 2520 Required Current Maintenance Fee Amounts Must Be Obtained From USPTO MPEP 2520 Permitted Full Maintenance Fee Due Before Expiration MPEP 2520 Prohibited Refund for Duplicate Maintenance Fee Payments MPEP 2520 Effect of Terminal Disclaimer on Patent Term MPEP 2520 Fee Amounts for Maintenance and Grace Period Surcharge Set MPEP 2520 Consumer Price Index Adjusted Maintenance Fees Required MPEP 2520 Maintenance Fees Reduced for Small and Micro Entities MPEP 2520 Refund of Maintenance Fees Not Permitted Except as Specified MPEP 2520 Patentee Cannot Obtain Maintenance Fee Refund MPEP 2520 Prohibited Other Related FAQs 5 FAQs Collapse Where can I find the current patent maintenance fee amounts? How are maintenance fee amounts determined for patents? Can maintenance fees be prorated for patents expiring between due dates? Ar...