Terminal Disclaimer in the U.S. Patent Laws
definition
An end-of-period waiver is a legal statement that allows a patent applicant to waive a portion of the term of patent protection under certain circumstances in order to resolve a repeat license issue.
Application
- Repeated Authorization Issues: When there is an overlap of time between multiple patent applications or granted patents.
- Examiner Requirements: The applicant is required to submit a final waiver if the reviewer finds that there is a duplicate authorization issue.
- Extension of franchise period: If the patent submits an end-of-period waiver and receives a PTA extension, the PTA's adjusted termination date may not exceed the termination date set by the TD.
Submission requirements
- Clearly Abandonment of Content: Indicate the portion of the term of patent protection that is willing to be waived.
- legality: Complies with 35 U.S.C. § 154 and USPTO rules.
- Accurate legal documents: Contains application number, applicant's details, etc.
Points of Attention
- Avoid unnecessary abandonment: Ensure that only the requisite period is waived.
- Considering Patent Strategies: Overall patent portfolio management.
- Professional Consultation: Consultation with a patent attorney is recommended.
- Timely submission: Avoid delays in review or additional costs.
- Record Retention: Save all related communications and documents.
Impact
After filing a final abandonment, the term of patent protection may not exceed the termination date of the prior patent, and even if there is a patent term extension, the final abandonment will limit the effect of the extension.
significance
End-of-period abandonment is an effective way to resolve the problem of repeated licensing, and although it may limit the duration of patent protection, it may help to obtain new patents under certain circumstances. Applicants should consider the matter carefully and seek professional legal support.
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