Terminal Disclaimer

根據美國MPEP 1504.06所述內容，”There are generally two types of double patenting rejections. One is the “same invention” type double patenting rejection based on35 U.S.C. 171 which states in the singular that an inventor “may obtain a patent.” The second is the “nonstatutory-type” double patenting rejection based on a judicially created doctrine grounded in public policy and which is primarily intended to prevent prolongation of the patent term by prohibiting claims in a second patent not patentably distinct from claims in a first patent. … Nonstatutory categories of double patenting rejections which are not the “same invention” type may be overcome by the submission of a terminal disclaimer. … The purpose of a terminal disclaimer is to obviate a double patenting rejection by removing potential harm to the public by issuing a second patent. See MPEP § 804. If the issue of double patenting is raised between a patent and a continuing application, examiners are reminded that this ground of rejection can only be made when the filing of the continuing application is voluntary and not the direct, unmodified result of restriction requirement under 35 U.S.C. 121. See MPEP § 804.01.”

Note:
terminal disclaimer(期末拋棄)的程序係將後案(如CIP案、CA案)與母案之專利期限的終止期統一為同一日(同母案)。