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.
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