What is a 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 terminal disclaimer is a statement filed by a patent applicant or owner that disclaims or dedicates to the public the entire term or any terminal part of the term of a patent or patent to be granted. It is typically used to overcome nonstatutory double patenting rejections.

The MPEP states: A terminal disclaimer is a statement in which a patentee or applicant disclaims or dedicates to the public the entire term or any terminal part of the term of a patent or patent to be granted.