How does a terminal disclaimer affect patent term adjustment eligibility?
A terminal disclaimer can significantly affect patent term adjustment eligibility. According to MPEP 2751:
“Patents subject to a terminal disclaimer are not eligible for patent term adjustment under 35 U.S.C. 154(b).“
This means that if a patent is subject to a terminal disclaimer, it is not eligible for any patent term adjustment, regardless of any delays that may have occurred during prosecution. Terminal disclaimers are typically filed to overcome obviousness-type double patenting rejections and limit the enforceable term of a patent to that of a related patent or application.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2751 - Eligibility Requirements,
Patent Law,
Patent Procedure