(L-R)Francis DiGiovanni and Claudia Schultze of Faegre Drinker Biddle & Reath. Courtesy photos The Benefits, Consequences and Pitfalls of Terminal Disclaimers
A terminal disclaimer—a seemingly simple document that shortens a patent's life by declaring that it expires upon the expiration of another commonly owned patent—is replete with technical and substantive traps for the unwary and far-reaching consequences during both prosecution and enforcement of U.S. patents.
March 22, 2022 at 11:46 AM
9 minute read
Intellectual Property
A terminal disclaimer—a seemingly simple document that shortens a patent's life by declaring that it expires upon the expiration of another commonly owned patent—is replete with technical and substantive traps for the unwary and far-reaching consequences during both prosecution and enforcement of U.S. patents. This article addresses the basics of terminal disclaimers and explores their trap doors, vulnerabilities, and benefits.
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