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Questions tagged [terminal-disclaimer]

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Can a continuation be sold separately from the parent patent?

Can a continuation be sold separately from the parent patent if no terminal disclaimers are in place?
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1answer
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How to handle a non-final action with only a provisional non-statutory double patenting rejection

I have two granted patents - parent A and parent B, and each has a continuation: continuation A and continuation B. Parent B has a terminal disclaimer against parent A. Continuation A and and ...
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1answer
51 views

Terminal disclamier

What happens when a terminal disclaimer is taken to a patent which itself is a continuation of a patent family that now has been sold? Only the latest member of the family is cited in the terminal ...
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2answers
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Do terminal disclaimers (TDs) inherit estoppel/disclaimers from TD “family”?

E.g. assume first-filed application X disparages the prior art, thus implicitly disclaiming that scope. Does later-filed application Y filing a terminal disclaimer over app X also lose this claim ...
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3answers
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What is the impact of submitting a terminal disclaimer on an application if the prior application is not allowed?

If I have an application B that I submit a terminal disclaimer for based on a non-statutory double patenting rejection due to a prior application A, and application A is subsequently rejected and not ...
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1answer
48 views

Nonstatutory double patenting rejection and estoppel

I have an application B that the examiner has provisionally rejected under double patenting, as the application has similarities with a prior application A that I made. The two were submitted a month ...
2
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1answer
383 views

Purpose of Terminal Disclaimers

What are Terminal Disclaimers in US patent system, and how are they used? When one patent already exists and a second patent is so similar to it that a terminal disclaimer has to be filed by the ...
6
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3answers
143 views

How often are patents terminally disclaimed?

How many patents have terminal disclaimers (i.e., truncation in their time to expiry)? I am looking for a percentage of the total population of patents granted. A rough estimate + source is good ...
3
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1answer
472 views

Terminal Disclaimer

Does anyone know of a situation in which a terminal disclaimer would not be appropriate in a nonstatutory double patenting rejection where the asserted patent and pending application are co-owned?