3 votes
Accepted

Do terminal disclaimers (TDs) inherit estoppel/disclaimers from TD "family"?

"Disparaging" prior art does not automatically disclaim scope. Previously it was good practice to characterize prior art for its strengths and weaknesses - particularly weaknesses. Then some judges ...
George White's user avatar
  • 29k
3 votes
Accepted

Can a continuation be sold separately from the parent patent?

Yes, absolutely, as long as there is not a terminal disclaimer that ties the applications together. A terminal disclaimer might be required during patent prosecution to avoid a rejection based on ...
George White's user avatar
  • 29k
1 vote

Patent granted with a terminal disclaimer that violates my provisional patent, what to do

First - patents do not “violate” or infringe patents, products infringe (or don’t infringe) patents. You also seem to think that the patentability of your claims will be judged by comparison to their ...
George White's user avatar
  • 29k
1 vote

Do 2 patents with single claim have the same legal protection as 1 patent with 2 independent claims?

There are multiple ways to end up with two patents with claims that cover related subject matter. One is by filing two applications and the other is by having a continuation or divisional from a ...
George White's user avatar
  • 29k
1 vote
Accepted

Terminal disclaimer filed after final office action

For anyone else who finds themselves in this situation, the following fixed it for me: file the terminal disclaimer and pay the fee submit an A.NE "Response after final action" documenting your ...
Keir Finlow-Bates's user avatar
1 vote

How to handle a non-final action with only a provisional non-statutory double patenting rejection

It is a practice of Patent office to give a provisional Non-statuary double patent rejection based on continuation of prior granted/ pending application, if the claims are not substantially different ...
RishiM's user avatar
  • 1,191
1 vote

Terminal disclamier

What happens when a TD is taken to a patent which itself is a continuation of a patent family that now has been sold? Per 35 USC 154 (c).1: The term of a patent that is in force on or that results ...
A. K.'s user avatar
  • 250
1 vote
Accepted

What is the impact of submitting a terminal disclaimer on an application if the prior application is not allowed?

An actual non-statutory double patenting rejection can only be relative to an already issued patent. However a provisional non-statutory double patenting rejection can be issued based on a co-pending ...
George White's user avatar
  • 29k
1 vote

How often are patents terminally disclaimed?

The USPTO put out a working paper in June 2015 titled "The USPTO Historical Patent Data Files: Two centuries of invention". In it they state "Internal estimates suggest that 11.9% of patents granted ...
CanisNebula's user avatar

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