Re required to respond to a collection of information unless it displays a valid OMB control number. TERMINAL DISCLAIMER TO OBVIATE A PROVISIONAL DOUBLE PATENTING REJECTION OVER A PENDING REFERENCE APPLICATION Docket Number (Optional) In re Application of: Application No.: Filed: For: The owner*, , of percent interest in the instant application hereby disclaims, except as provided below, the terminal part of the statutory term of any pate.
Loading
Open form follow the instructions
Easily sign the form with your finger
Send filled & signed form or save
How to fill out the PTO/SB/25 (08-08) online
Filling out the PTO/SB/25 (08-08) form online is an essential step for individuals or entities applying for a patent. This guide provides clear instructions to help you navigate the process efficiently and effectively.
Follow the steps to complete the PTO/SB/25 (08-08) form online.
- Click the ‘Get Form’ button to access the form and open it in the editor.
- Enter the 'Docket Number' if applicable. This field is optional and used for internal tracking.
- Fill in the section titled 'In re Application of:' with the name of the individual or entity submitting the application.
- Enter the 'Application No.' along with the date it was filed and the title of the application in the respective fields.
- In the ownership declaration section, clearly state the owner's name and the percentage of interest they hold in the application.
- Review the disclaimer text carefully; ensure it accurately reflects the owner's intentions regarding the patent term.
- Select either box 1 or box 2 based on the capacity in which you are submitting the form — as a representative or an attorney/agent. Complete any additional required information in this section.
- Provide your signature, date, printed name, and telephone number at the bottom of the form.
- Check that the terminal disclaimer fee is included if applicable, as it is required under 37 CFR 1.20(d).
- Finally, review all entered information for accuracy. You may then save changes, download the completed form, print it, or share it as needed.
Complete your PTO/SB/25 (08-08) form online today and ensure accurate patent application processing.
Experience a faster way to fill out and sign forms on the web. Access the most extensive library of templates available.
Related content
Jan 22, 2019 — This page contains patent forms for use in applications filed before...
PTO/SB/01, 1997/12, Declaration for Utility or Design Patent Application [2 pages]...
... A480-HIN A485-HIN A560-HIN 01:11:11 16:12:08 08:11:11 08:12:09 08:11:11 08:12:09...
Get answers to your most pressing questions about US Legal Forms API.
What is required in a patent terminal disclaimer?
A terminal disclaimer is a statement in which the patent applicant dedicates the ending part of the patent to the public so that all similar patents end on the same date. Put simply, the term of all patents which are similar to each other owned by the patent owner is coterminous.
What is a terminal disclaimer over invalid patent?
What is Terminal Disclaimer? A terminal disclaimer is a conclusive statement filed by the inventor(s) during prosecution whereby the inventor disclaims the term of enforceability of the later-filed patent additional term of enforceability (beyond the term of the earlier-filed patent) for the later-filed patent.
Is terminal disclaimer common ownership enforceable?
§1.321(c), a terminal disclaimer based on common ownership must include a provision that any patent granted on the application rejected for double-patenting shall be enforceable only during a period that the patent is commonly owned with the patent that forms the basis for the double patenting rejection.
What is the point of a terminal disclaimer?
A terminal disclaimer is a statement in which a patentee or applicant disclaims or dedicates to the public the entire term or any terminal part of the term of a patent or patent to be granted (filed in an application).
Can you withdraw a terminal disclaimer?
A terminal disclaimer may be withdrawn before issuance of the patent by filing a petition under 37 C.F.R. § 1.182 requesting withdrawal of the recorded terminal disclaimer. However, a terminal disclaimer may not be withdrawn after issuance of the patent.
How do you overcome provisional double patenting rejection?
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope.
What is the terminal disclaimer in US double patenting?
The second way to overcome a double patenting rejection is to file a terminal disclaimer. A terminal disclaimer essentially states that the later patent application will expire at the same time as the earlier patent and that the later patent application will only be enforceable if they are commonly owned.
What are the requirements for double patenting?
Double patenting may exist where a reference patent or application and the patent under reexamination share the same inventive entity, at least one common (joint) inventor, a common applicant, and/or a common owner/assignee.
Use professional pre-built templates to fill in and sign documents online faster. Get access to thousands of forms.
If you believe that this page should be taken down, please follow our DMCA take down process here.