What is a terminal disclaimer and how does it affect patent term?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 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 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. “ Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Nonstatutory Double Patenting Rejection MPEP 804 Terminal Disclaimers Must Be Filed to Overcome Nonstatutory Double Patenting Rejections MPEP 804.02 Terminal Disclaimer Cannot Overcome Prior Art Rejections MPEP 804 Prohibited Terminal Disclaimer Cannot Overcome Prior Art Rejections MPEP 804 Terminal Disclaimer Required to Overcome Nonstatutory Double Patenting Rejection MPEP 804.02 Required Maintain Provisional Nonstatutory Double Patenting Rejection Until Overcome MPEP 804 Recommended Prior Art Not Supporting Double Patenting Rejection When Subject Matter Not Claimed MPEP 804 Nonstatutory Double Patenting Rejection Cannot Use Reference Exempted Under 102(b)(2)(C) MPEP 804 Prohibited Maintain Provisional Statutory Double Patenting Rejection Until Overcome MPEP 804 Recommended Provisional Nonstatutory Double Patenting Rejection Withdrawn Upon Issuance MPEP 804 Recommended Other Related FAQs 5 FAQs Collapse How can I avoid a statutory double patenting rejection? What is t...