What is a terminal disclaimer and how does it affect patent term?
A terminal disclaimer is a statement filed by a patent owner that disclaims or dedicates a portion of the patent term. It’s primarily used to overcome nonstatutory double patenting rejections. Key points about terminal disclaimers:
- They limit the enforceable patent term
- They ensure common ownership or enforcement of related patents
- They cannot be used to overcome prior art rejections under 35 U.S.C. 102 or 103
MPEP 804.02 states: “A terminal disclaimer filed to obviate a nonstatutory double patenting rejection is effective only with respect to the application identified in the disclaimer, unless by its terms it extends to continuing applications.“
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