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Doc Code PTO/SB/25 07-09 Approved for use through 07/31/2012. 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 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...
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How to fill out ptosb25 - uspto
How to fill out PTO/SB/25
01
Begin by downloading the PTO/SB/25 form from the USPTO website.
02
Fill in your name and address in the designated fields at the top of the form.
03
Provide the application number or patent number for which you are requesting the extension.
04
Indicate the required time period for your request.
05
Complete the signature section, ensuring you sign and date the form.
06
Review the form for accuracy and completeness.
07
Submit the form to the appropriate USPTO address, either by mail or electronically.
Who needs PTO/SB/25?
01
Individuals or companies that have filed a patent application and need additional time to respond to a USPTO office action or finalize their application.
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People Also Ask about
Does a terminal disclaimer cut off PTA?
However, in the case of PTA, the court says that PTA term gets added to the life of the patent first and then the terminal disclaimer goes into effect so that you have disclaimed the PTA term and any extended term such that the two patents now expire on the same date regardless of the PTA.
What is the terminal disclaimer language?
That language (“In making the above disclaimer, the owner does not disclaim”) is permissible in a terminal disclaimer. A terminal disclaimer must state that the agreement is to run with any patent granted on the application being examined and is to be binding upon the grantee, its successors, or assigns.
Can you file a terminal disclaimer without power of attorney?
The USPTO also requires that we file a Power of Attorney in order to perform certain tasks (such as to conduct unfettered interviews and file Terminal Disclaimers, Powers to Inspect, Express Abandonments, and the like).
Can a terminal disclaimer be withdrawn?
A terminal disclaimer may not be withdrawn after issuance of the patent. See MPEP § 1490, subsection VIII, for a complete discussion of withdrawal of a terminal disclaimer.
What are the risks of terminal disclaimer?
Filing a terminal disclaimer will risk an entire subject patent's enforceability on the independent strength of each of the claims in a reference patent, and so applicants are more likely to argue double patenting rejections.
How to file e terminal disclaimer USPTO?
This web-based eTerminal Disclaimer can be filled out completely online through web- screens and no Patent Center fillable forms are required. eTerminal Disclaimers are auto- processed and approved immediately upon submission if the request meets all of the requirements.
How to respond to a provisional double patenting rejection?
Thus, applicant can overcome a provisional nonstatutory double patenting rejection by filing a reply that either shows that the claims subject to the rejection are patentably distinct from the claims of the reference application, or includes a compliant terminal disclaimer under 37 CFR 1.321 that obviates the rejection
What are terminal disclaimers?
Updated February 24, 2025. Terminal disclaimers are a legal mechanism that allows a patent holder or applicant to relinquish part of a patent's term, so that the patent expires earlier than it would without the disclaimer.
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What is PTO/SB/25?
PTO/SB/25 is a form used by the United States Patent and Trademark Office (USPTO) for submitting a statement regarding the small entity status of a patent applicant.
Who is required to file PTO/SB/25?
Individuals or organizations claiming small entity status when filing patent applications with the USPTO are required to file PTO/SB/25.
How to fill out PTO/SB/25?
To fill out PTO/SB/25, applicants need to provide their basic information, status as a small entity, and certify their eligibility by signing the form.
What is the purpose of PTO/SB/25?
The purpose of PTO/SB/25 is to allow applicants to claim small entity status and thereby qualify for reduced patent fees charged by the USPTO.
What information must be reported on PTO/SB/25?
The information that must be reported on PTO/SB/25 includes the name and address of the applicant, the affirmation of small entity status, and other relevant details to substantiate the claim.
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