How does a terminal disclaimer affect maintenance fee payments?
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.
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