How does a terminal disclaimer affect patent term adjustment eligibility?

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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 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Eligibility Requirements for Patent Term Extension MPEP 2751 Permitted Patent Term Extension Beyond Terminal Disclaimer MPEP 2751 Patent Term Extension Beyond Terminal Disclaimer MPEP 2751 Prohibited 510(k) Review Not Eligible for PTE MPEP 2751 Definition of Product for Patent Term Extension MPEP 2751 Requirements for Patent Term Extension MPEP 2751 Permitted Definition of Product for Patent Term Extension MPEP 2751 Definition of Drug Product for Patent Term Extension MPEP 2751 Permitted Regulatory Review Period Not Eligible for PTE MPEP 2751 Patent Term Extension Not Excluded by Double Patenting MPEP 2751 Other Related FAQs 5 FAQs Collapse What conditions must be met for a patent to qualify for term extension? Are design patents eligible for patent term adjustment? How does the &#8220;first permitted marketing or use&#8221; requirement affect patent term extension eligibility? What are the specific eligibility requirements for patent term adjustment? What types of patents are eligible for patent term extension?