Form Pto/sb/26 - Terminal Disclaimer In A Patent Or Proceeding In View Of Another Patent

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PTO/SB/26a (02-14)
Approved for use through 11/30/2020. OMB 0651-0031
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
Docket Number (Optional)
Application/Control Number:
Filing Date:
First Named Inventor:
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 patent No. ____________________ (the “reference patent”), as the term of said reference patent is presently
shortened by any terminal disclaimer. The patentee hereby agrees that the instant patent shall be enforceable only for and during such period
that the instant patent and the reference patent 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 the reference patent, “as the term of said reference patent is presently shortened by any terminal disclaimer,” in
the event that said reference patent later: 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.
I. Check either box 1, 2, or 3 below, as appropriate, if there is an assignment:
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.
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.
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.
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.
The undersigned is an attorney or agent of record. Reg. No. _______________
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.
This collection of information is required by 37 CFR 1.321. The information is required to obtain or retain a benefit by the public, which is to file (and by the USPTO
to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 12 minutes to complete,
including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on
the amount of time you require to complete this form and/or suggestions for reducing this burden should be sent to the Chief Information Officer, U.S. Patent and
Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS
ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
If you need assistance in completing the form, call 1‐800‐PTO‐9199 and select option 2.


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