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

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.