When is a terminal disclaimer required for a revival petition?

A terminal disclaimer is required with a petition to revive under 37 CFR 1.137 in the following cases:

  • Design applications
  • Utility or plant applications filed before June 8, 1995
  • Utility or plant applications filed between June 8, 1995 and May 29, 2000 that became abandoned during appeal, interference, or while under a secrecy order

The MPEP states:

37 CFR 1.137(d) requires that a petition under 37 CFR 1.137 be accompanied by a terminal disclaimer (and fee), regardless of the period of abandonment, in: (A) a design application; (B) a nonprovisional utility application (other than a reissue application) filed before June 8, 1995; or (C) a nonprovisional plant application (other than a reissue application) filed before June 8, 1995.

The terminal disclaimer dedicates to the public a portion of the patent term equal to the period of abandonment.

To learn more:

Tags: abandonment