PTO/AIA/26 Terminal Disclaimer to Obviate a Double Patenting Reject

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PTO/AIA/26 (04-14)
Approved for use through XX/XX/XXXX. OMB 0651-0031
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
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TERMINAL DISCLAIMER TO OBVIATE A DOUBLE PATENTING
REJECTION OVER A “PRIOR” PATENT

Docket Number (Optional)

In re Application of:
Application No.:
Filed:
For:
The applicant, _________________________________________, owner of ____________ percent interest in the instant application hereby
disclaims, except as provi ded below, the te rminal part of the statutory term of any patent granted on the instant application which would extend
beyond the expiration date of the full statutory term of prior patent No. __________________ as the term of said prior patent is presently
shortened by any terminal disclaimer. The applicant hereby agrees that any patent so granted on the instant application shall be enforceable
only for and during such period that it and the prior patent are commonly owned. This agreement runs with any patent granted on the instant
application and is binding upon the grantee, its successors or assigns.
In making the above discl aimer, the applicant does not disclaim the terminal part of the term of any patent granted on the instant application
that would extend to the expiration date of the full statutory term of the prior patent, “as the term of said prior patent is presently shortened by
any terminal disclaimer," in the event that said prior patent later:
expires for failure to pay a maintenance fee;
is held unenforceable;
is found invalid by a court of competent jurisdiction;
is statutorily disclaimed in whole or terminally disclaimed under 37 CFR 1.321;
has all claims canceled by a reexamination certificate;
is reissued; or
is in any manner terminated prior to the expiration of its full statutory term as presently shortened by any terminal disclaimer.
Check either box 1 or 2 below, if appropriate.
1.

The undersigned is the applicant. If the applicant is an assignee, the undersigned is authorized to act on behalf of the assignee.

I h ereby acknowledge that any willful false statements made are punishable under 18 U.S.C. 1001 by fine or imprisonment of not more
than five (5) years, or both.

2.

The undersigned is an attorney or agent of record. Reg. No.___________________

_______________________________________________________________________ _____________________
Signature
Date
______________________________________________________________________________________________
Typed or printed name

Title

_______________________________
Telephone Number

Terminal disclaimer fee under 37 CFR 1.20(d) included.
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Privacy Act Statement
The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection
with your submission of the attached form related to a patent application or patent. The United States
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U.S.C. 2. The USPTO’s system of records is used to manage all applicant and owner information
including name, citizenship, residence, post office address, and other information with respect to
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with the invention for which a patent is sought or has been granted. The applicable Privacy Act
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Application Files, available in the Federal Register at 78 FR 19243 (March 29, 2013). https://
www.govinfo.gov/content/pkg/FR-2013-03-29/pdf/2013-07341.pdf
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Additional Uses
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Bureau of the World Intellectual Property Organization, if the record is related to an international
application filed under the Patent Cooperation Treaty; 2) the public i) after publication of the
application pursuant to 35 U.S.C. 122(b), ii) after issuance of a patent pursuant to 35 U.S.C. 151, iii) if
the record was filed in an application which became abandoned or in which the proceedings were
terminated and which application is referenced by either a published application, an application open
to public inspections, or an issued patent, or iv) without publication of the application or patent under
the specific circumstances provided for by 37 CFR 1.14(a)(1)(v)-(vii); and/or 3) the National Archives
and Records Administration, for inspection of records.