What is a terminal disclaimer in patent law?
A terminal disclaimer is a legal document filed by a patent applicant or owner to overcome a double patenting rejection. It typically:
- Disclaims the terminal part of the statutory term of a later-filed patent that would extend beyond the expiration date of an earlier-filed patent
- Agrees that the later-filed patent shall be enforceable only for and during the period that it is commonly owned with the earlier-filed patent
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 by its terms it extends to continuing applications.”
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