Terminal Disclaimer to Obviate a Double Patenting Rejection Over a "Prior" Patent

• Legal Form Number: AIA/26
• Court: United States Patent and Trademark Office, Patent Trial and Appeal Board
• Section: United States Patent and Trademark Office

Doc Code: PTO/AIA/26 (04-14)

Approved for use through 05/31/2024. OMB 0651-0031

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE

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Docket Number (Optional)

TERMINAL DISCLAIMER TO OBVIATE A DOUBLE PATENTING

REJECTION OVER A “PRIOR” PATENT

In re Application of:

Application No.:

Filed:

The applicant, _________________________________________, owner of ____________ percent interest in the instant application hereby

disclaims, except as provided below, the terminal part of the statutory term of any patent granted on the instant application which would extend

beyond the expiration date of the full statutory term of prior patent No. __________________ as the term of said prior patent is presently

shortened by any terminal disclaimer. The applicant hereby agrees that any patent so granted on the instant application shall be enforceable

only for and during such period that it and the prior patent are commonly owned. This agreement runs with any patent granted on the instant

application and is binding upon the grantee, its successors or assigns.

For:

In making the above disclaimer, the applicant does not disclaim the terminal part of the term of any patent granted on the instant application

that would extend to the expiration date of the full statutory term of the prior patent, “as the term of said prior patent is presently shortened by

any terminal disclaimer," in the event that said prior patent later:

expires for failure to pay a maintenance fee;

is held unenforceable;

is found invalid by a court of competent jurisdiction;

is statutorily disclaimed in whole or terminally disclaimed under 37 CFR 1.321;

has all claims canceled by a reexamination certificate;

is reissued; or

is in any manner terminated prior to the expiration of its full statutory term as presently shortened by any terminal disclaimer.

Check either box 1 or 2 below, if appropriate.

1. The undersigned is the applicant. If the applicant is an assignee, the undersigned is authorized to act on behalf of the assignee.

I hereby acknowledge that any willful false statements made are punishable under 18 U.S.C. 1001 by fine or imprisonment of not more

than five (5) years, or both.

2. The undersigned is an attorney or agent of record. Reg. No.___________________

_______________________________________________________________________ _____________________

Signature Date

______________________________________________________________________________________________

Typed or printed name

_______________________________

Telephone Number

Terminal disclaimer fee under 37 CFR 1.20(d) included.

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