What is a terminal disclaimer and how does it affect double patenting rejections?
What is a terminal disclaimer and how does it affect double patenting rejections?
A terminal disclaimer is a legal document filed by a patent applicant or owner to overcome a double patenting rejection. According to MPEP 804.02:
“A terminal disclaimer filed to obviate a nonstatutory double patenting rejection is effective only with respect to the application identified in the disclaimer, unless the terminal disclaimer specifies the extent to which it may apply to one or more other applications.”
When filed, a terminal disclaimer:
- Disclaims the terminal part of the statutory term of any patent granted on the application
- Agrees that any patent granted on that application shall be enforceable only for and during the period that it and the reference patent are commonly owned
- Overcomes the double patenting rejection by eliminating the potential for extending patent protection beyond the statutory term
By filing a terminal disclaimer, an applicant can avoid a double patenting rejection and proceed with obtaining a patent, albeit with a potentially shortened term.
To learn more: