Definition
A terminal disclaimer is a statement that gives up part of a patent’s term so it expires at the same time as a related patent, used to overcome obviousness-type double patenting rejections.
Why It Matters Legally
Filing a terminal disclaimer can salvage a patent facing a double patenting rejection, but it links the patents’ fates and may shorten the term. It also requires common ownership, which affects portfolio planning.
Example Use Case
To overcome a double patenting rejection, an applicant files a terminal disclaimer so its new patent expires with the earlier related patent.
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Related Terms
Double Patenting, Patent Term, Patent Prosecution, Office Action, Patent Family