When is a terminal disclaimer required for reviving an abandoned application?

A terminal disclaimer is required for reviving an abandoned application in the following cases:

• Design applications, regardless of the period of abandonment
• Utility or plant applications filed before June 8, 1995
• Utility or plant applications filed on or after June 8, 1995, but before May 29, 2000, where the application 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.

To learn more:

• terminal disclaimer
• revival of application
• petition requirements