What is the impact of a terminal disclaimer on an abandoned application?
A terminal disclaimer can have significant implications for an abandoned application. The MPEP 711.02(b) provides guidance on this matter:
The mere existence of a recorded terminal disclaimer filed to obviate a double patenting rejection does not preclude an application from becoming abandoned for failure to reply to an Office action. The establishment of the terminal disclaimer creates only a formal relationship between applications or patents; it does not revive an abandoned application.
Key points to understand:
- A terminal disclaimer alone does not prevent abandonment
- It does not automatically revive an abandoned application
- Applicants must still respond to Office actions to avoid abandonment
- If an application becomes abandoned, a proper petition for revival is necessary, regardless of any terminal disclaimer
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