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Monday Apr 09, 2012

Electronic Terminal Disclaimers Now Get Immediate Approvals

Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos

You may remember that last November USPTO launched a new feature called eTerminal Disclaimer (eTD) as an open beta. eTD enables filing of terminal disclaimers (TDs) using an electronic interface from the USPTO’s online patent-filing system, EFS-Web. eTD allows applicants to expedite the filing and decision process for terminal disclaimers and receive immediate, real-time approval if the submission requirements are met.
 
Based on the positive feedback we received in response to the beta, I am pleased to report that eTD is now in full production. Some 1,500 eTDs have been processed since the deployment. And eTD submissions now account for nearly 12 percent of all terminal disclaimer submissions in utility applications.
 
As you are probably painfully aware, historically all terminal disclaimers have either been prepared and submitted as paper documents, or submitted as electronic PDF documents through EFS-Web. In either case, the USPTO’s manual review process delayed examination of the application in which the traditional TD had been filed. In contrast, by filing an eTD, you receive an immediate, real-time answer to your petition -- normally an approval (provided the submission requirements are met). To submit the petition, you enter information directly into EFS-Web’s workflow interface for eTD. These web-based screens guide you through the process and will prompt you for the correct information quickly and easily.
 
Up to 20 percent of traditional terminal disclaimers have historically been disapproved as a result of errors in the submission materials. Once a traditional terminal disclaimer is disapproved, the submission process starts over again, unfortunately increasing the effort and delay encountered to complete the filing. eTD was designed to make it easier and faster for you to file a terminal disclaimer and to obtain its immediate acceptance. In addition, eTD provides users with a payment advantage. Fees are not collected until the eTD is actually accepted by the USPTO.
 
The eTD also represents a move forward for operational efficiency at USPTO. It allows us to reallocate resources by eliminating the time needed to review terminal disclaimers, and eliminates rework associated with non-compliant submissions.
 
I hope you will consider the many advantages of eTD when filing terminal disclaimers. For more details on eTD, visit the USPTO eTerminal Disclaimer resource page at http://www.uspto.gov/TerminalDisclaimer. Live assistance with any questions regarding eTD or with filing an eTD can be obtained by calling the Patent Electronic Business Center at 866-217-9197 (toll free) or sending an email to EBC@uspto.gov.
 
Thanks as always for picking up and using these new programs, and keep the input coming!

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