What is a terminal disclaimer and when is it required for a petition to revive?
What is a terminal disclaimer and when is it required for a petition to revive?
A terminal disclaimer is a legal document filed by a patent applicant or owner that limits the enforcement period of a patent. In the context of petitions to revive, it may be required under certain circumstances. The MPEP 711.03(c) states:
A terminal disclaimer (and fee as set forth in 37 CFR 1.20(d)) is also required if the application is a design application or if the application was filed on or after June 8, 1995, without regard to the length of the period of abandonment, if the application claims the benefit of a previously filed application under 35 U.S.C. 120, 121, 365(c), or 386(c).
A terminal disclaimer is required for a petition to revive when:
- The application is a design application
- The application was filed on or after June 8, 1995, and claims benefit of a previously filed application
The purpose of the terminal disclaimer is to prevent the applicant from extending the patent term through abandonment and revival. It ensures that the revived application’s enforceable term is not extended beyond what it would have been if the application had not been abandoned.
To learn more: