How Terminal Disclaimers Present Patent-Licensing Issues

Law360, New York (April 11, 2016, 2:22 PM EDT) -- As any patent practitioner knows, an applicant may file a terminal disclaimer to overcome a rejection based on nonstatutory double patenting.[1] The terminal disclaimer ensures that any patent granted on the application (or patent in re-examination) rejected for double-patenting will have the same expiration date as the patent that forms the basis for the double-patenting rejection. If one patent has a later expiration date than the other patent, then the terminal disclaimer will disclaim the terminal portion of the later-expiring patent so both patents have the same term. As a result, terminal disclaimers affect the duration of a license because a...

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