¶ 14.38 Information about a Terminal Disclaimer Over a Prior Patent
A terminal disclaimer may be effective to overcome an obviousness-type double patenting rejection over a prior patent (37 CFR 1.321(b) and (c) ).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Examiner Note:
This form paragraph can be used to provide applicant information regarding the terminal disclaimer forms available on the USPTO web site that may be used to overcome an obviousness-type double patenting rejection over a prior patent.