Terminal Disclaimer

News & Analysis as of

What is Patent Term Adjustment and Why Does It Matter?

For patents granted on applications filed on or after June 8, 1995, the enforceable patent term begins on the day the patent issues and generally expires 20 years from the earliest effective filing date of the application. ...more

Federal Circuit Says Mistaken Belief Required for Reissue Error

In In re Dinsmore, the Federal Circuit held that the reissue process could not be used to correct an alleged defect in a terminal disclaimer between patents that were not commonly owned, because there had been no “mistaken...more

Terminal Disclaimer After Institution of IPR Cannot Be Used to Circumvent Broadest Reasonable Interpretation Standard

One of the main reasons to challenge a patent at the Patent Trial and Appeal Board (PTAB) in inter partes review (IPR) instead of at the district court is that the PTAB will construe claims more broadly, using the broadest...more

Strategic Use of Terminal Disclaimer

In Amkor Technology, Inc. v. Tessera, Inc., IPR201-00242, Paper 117, (April 14, 2014), the patent owner filed a terminal disclaimer of the remainder of the patent term (which was going to expire later in the year), to force...more

In re Hubbell (Fed. Cir. 2013)

In a 2-1 decision issued earlier today, the Federal Circuit affirmed a determination by the Board of Patent Appeals and Interferences upholding the rejection of the claims of U.S. Application No. 10/650,509 for...more

Patent Watch In re Yamazaki

[When a patent issues] with its terminal disclaimer in effect, that disclaimer [becomes part of the "original patent" for purposes of 35 U.S.C. § 251 and serves] to define its term, regardless of any further term that might...more

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