The United States Patent and Trademark Office is pleased to announce the release of eTerminal Disclaimer in EFS-Web. The new eTerminal Disclaimer provides applicants with many advantages and promotes greater efficiency in the patent examination process. This web-based eTerminal Disclaimer can be filled out completely online through web-screens and no EFS-Web fillable forms are required. eTerminal Disclaimers are auto-processed and approved immediately upon submission if the request meets all of the requirements.
Fees must be paid immediately which will then provide users more financial flexibility. A paper terminal disclaimer filing requires a fee but does not guarantee a terminal disclaimer approval. Each eTerminal Disclaimer filed requires a single terminal disclaimer fee, but can include up to 50 “reference applications” and 50 “prior patents.”
Basic Guidelines for Filing eTerminal Disclaimers:
- Must be able to access EFS-Web registered.
- Registered eFiler users are strongly advised to transmit their electronic filings sufficiently early in the day to allow time for alternative paper filing when transmission cannot be initiated or correctly completed.
- The ability to submit an eTerminal Disclaimer under EFS-Web Contingency is not permitted.
- Consult the current fee schedule available at http://www.uspto.gov/about/offices/cfo/finance/fees.jsp for the correct fee amount. The fee required to be paid upon filing a request for eTerminal Disclaimer is: Statutory disclaimer, including terminal disclaimer.
- eTerminal Disclaimers via EFS-Web are accepted only for nonprovisional utility applications (including national stage and reissue) and Design applications (including reissue).
- Requests for terminal disclaimers for plant applications, reexaminations and terminal disclaimers based on a joint research agreement must be filed by paper.
For assistance with filing an eTerminal Disclaimer, or to suggest improvements, please call the Patent Electronic Business Center at 866-217-9197 (toll free) or send an email to EBC@uspto.gov.