What are the requirements for a proper terminal disclaimer?

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 proper terminal disclaimer must:

• Disclaim the terminal part of the statutory term of any patent granted on the application
• State that the patent shall be enforceable only for and during the period that it is commonly owned with the application or patent which formed the basis for the rejection
• Be signed by the applicant or an attorney or agent of record
• Specify the extent of the applicant’s ownership interest

The MPEP states: A proper terminal disclaimer must disclaim the terminal part of the statutory term of any patent granted on the application being examined which would extend beyond the expiration date of the full statutory term, shortened by any terminal disclaimer, of the patent (or of any patent granted on the application) that is the basis of the nonstatutory double patenting.