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IN VIEW OF ANOTHER PATENT TERMINAL DISCLAIMER IN (USPTO)

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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.
TERMINAL DISCLAIMER IN A PATENT OR PROCEEDING
IN VIEW OF ANOTHER PATENT
Docket Number (Optional)
Application/Control Number:
Filing Date:
First Named Inventor:
Title:
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:
1. 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.
2. 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.
3. 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.
1. 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.
2. The undersigned is an attorney or agent of record. Reg. No. _______________
__________________________________________________________ __________________________________
Signature Date
__________________________________________________________ __________________________________
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.
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.
Privacy Act Statement
The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your
submission of the attached form related to a patent application or patent. Accordingly, pursuant to the requirements of
the Act, please be advised that: (1) the general authority for the collection of this information is 35 U.S.C. 2(b)(2); (2)
furnishing of the information solicited is voluntary; and (3) the principal purpose for which the information is used by the
U.S. Patent and Trademark Office is to process and/or examine your submission related to a patent application or
patent. If you do not furnish the requested information, the U.S. Patent and Trademark Office may not be able to
process and/or examine your submission, which may result in termination of proceedings or abandonment of the
application or expiration of the patent.
The information provided by you in this form will be subject to the following routine uses:
1.
The information on this form will be treated confidentially to the extent allowed under t
he Freedom of
Information Ac
t (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of re
cords may
be disclosed to the Department of Justice to determine whether disclosure of these records is required by the
Freedom of Information Act.
2. A record from this system of records may be disclosed, as a routine us
e, in the course of presenting evidence
to a court, magistrate, or administrative tribunal, includin
g disclosures to opposing counsel in the co
urse of
settlement negotiations.
3.
A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a
request involving an individu
al, to whom the record pertains, when the individual has r
equested assistance from
the Member with respect to the subject matter of the record.
4.
A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency
having
need for the information in order to perform a contract. Recipients of information shall be required to comply
with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).
5. A record related to an International Application filed under the Patent Cooperation Treaty in this sy
stem of
records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property
Organization,
pursuant to the Patent Coop
eration Treaty.
6.
A record in this system of records may be disclosed, as a routine use, to another federal agency fo
r purposes
of National
Security review (35 U.S.C. 181) and for review pursuant to the Atomic En
ergy Act (42 U.S.C.
218(c)).
7.
A record from this system of records may be disclosed, as a routine use, to the Administrator, General
Services, or his/her designe
e, during an inspection of records conducted by GSA as
part of that agency’s
responsibility t
o recommend improvements in records management practices and pro
grams, under authority of
44 U.S.C. 290
4 and 2906. Such disclosure shall be made in accordance with the GSA regulations
governing
inspection of r
ecords for this purpose, and any other relevant (i.e., GSA or Commerce) directive.
Such
disclosure shall not be used to make determinations about individuals.
8. A record from this system of records may be disclosed, as a routine use, to the public
after either publication of
the application
pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Fu
rther, a
record may be disclosed, su
bject to the limitations of 37 CFR 1.14, as a routine use, to the public if
the record
w
as filed in an application which became abandoned or in which the proceedings were terminated and wh
ich
application is r
eferenced by either a published application, an application open to public inspection
or an issued
patent.
9.
A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law
enforcement agency, if the USPTO becom
es aware of a violation or potential violation of law
or regulation.
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Completed 17 July 2021

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