Form PTO / SB / 26A Terminal Disclaimer in a Patent or Proceeding in View of Another Patent

What Is Form PTO/SB/26A?

This is a legal form that was released by the U.S. Department of Commerce - Patent and Trademark Office on February 1, 2014 and used country-wide. As of today, no separate filing guidelines for the form are provided by the issuing department.

FAQ

Q: What is Form PTO/SB/26A?
A: Form PTO/SB/26A is a form used for filing a terminal disclaimer in a patent or proceeding in view of another patent.

Q: What is a terminal disclaimer?
A: A terminal disclaimer is a legal document submitted to the U.S. Patent and Trademark Office (USPTO) that allows a patent applicant to overcome a double patenting rejection by disclaiming part of the term of a later-filed patent that would extend beyond the expiration date of an earlier-filed patent.

Q: Why is a terminal disclaimer needed?
A: A terminal disclaimer is needed to prevent an applicant from obtaining two patents with overlapping periods of exclusivity for the same invention. It ensures that the later-filed patent will expire at the same time as the earlier-filed patent.

Q: When should Form PTO/SB/26A be filed?
A: Form PTO/SB/26A should be filed at the time of patent application or during a patent proceeding when there is another patent that could potentially impact the validity or enforceability of the claimed invention.

Q: How do I fill out Form PTO/SB/26A?
A: Form PTO/SB/26A requires information about the applicant, the patents involved, and the claims being disclaimed. It is important to carefully review the instructions provided by the USPTO and consult with a patent attorney if needed.