terminal disclaimer

2 topics · 3 sources

Law› Intellectual Property

Patent

A document filed with the USPTO by an applicant, assignee or patent attorney or agent wherein a terminal portion of the normal term of the patent is given up. MPEP 1490.

Where an obviousness-type double patenting rejection has occurred, an applicant may file a document indicating that the term of the second patent will end upon expiration of the first patent to issue.

Law

Intellectual Property

also "TD": a statement filed by an owner under 35 USC § 253 (paragraph 2) and 37 CFR § 1.321(b) or (c) to disclaim or dedicate to the public the entire term or any portion of the term of a patent or patent to be granted. A TD may be filed for the purpose of overcoming a judicailly created double patenting rejection.

-- see MPEP 1490 and 37 CFR § 1.321 for more

Cite this definition

APA
MLA
Chicago