PTO/SB/25a Terminal Disclaimer in a Patent or Proceeding in View of

PTO/SB/25a (02-14)
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U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
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TERMINAL DISCLAIMER IN A PATENT OR PROCEEDING IN
VIEW OF AN APPLICATION
Application/Control Number:
Filing Date:
First Named Inventor:
Title:
Patent No.:
The patentee, _____________________________________________, owner of __________ percent interest in the instant patent hereby
disclaims, except as provided below, the terminal part of the statutory term of the instant patent which would extend beyond the expiration
date of the full statutory term of any patent granted on pending reference application No. ____________________, filed
____________________, as the term of any patent granted on said reference application may be shortened by any terminal disclaimer filed
prior to the grant of any patent on the pending reference application. The patentee hereby agrees that the instant patent shall be enforceable
only for and during such period that the instant patent and any patent granted on the reference application are commonly owned. This
agreement runs with the instant patent and is binding upon the grantee, its successors or assigns.
In making the above disclaimer, the patentee does not disclaim the terminal part of the instant patent that would extend to the expiration date
of the full statutory term of any patent granted on said reference application, “as the term of any patent granted on said reference application
may be shortened by any terminal disclaimer filed prior to the grant of any patent on the pending reference application,” in the event that any
such patent granted on the pending reference application: 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 shortened by any
terminal disclaimer filed prior to its grant.
I. Check either box 1, 2, or 3 below, as appropriate, if there is an assignment:
1.
The current ownership was established by the filing of a statement under 37 CFR 3.73 during prosecution of the application that
issued as the instant patent.
2.
The instant patent was issued from an application filed on or after September 16, 2012, and the current patent owner was the
applicant under 37 CFR 1.46.
3.

A statement under 37 CFR 3.73 is attached herewith. Form PTO/SB/96 or PTO/AIA/96, as appropriate, may be used.

II. Authorization for Terminal Disclaimer - Check either box 1 or 2 below, if appropriate:
I hereby 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.
1.

For submissions on behalf of a business/organization (e.g., corporation, partnership, university, government agency, etc.), the
undersigned is empowered to act on behalf of the business/organization.

2.

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

__________________________________________________________
Signature

__________________________________
Date

__________________________________________________________
Typed or printed name

__________________________________
Telephone number

The terminal disclaimer fee under 37 CFR 1.20(d) is included.
NOTE: Submit multiple forms if more than one signature is required, see below.*
WARNING: Information on this form may become public. Credit card information should not
be included on this form. Provide credit card information and authorization on PTO-2038.

*Total of _____ forms are submitted.
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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 Patent and Trademark
Office (USPTO) collects the information in this record under authority of 35 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
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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
Additional USPTO uses of the information in this record may include disclosure to: 1) the International 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.