MPEP 1490: Disclaimers and Terminal Disclaimers
Answer in brief
MPEP 1490 covers disclaimers under 37 CFR 1.321, including terminal disclaimers that overcome nonstatutory double patenting. A terminal disclaimer gives up the part of a patent's term that extends past the reference patent, and requires that both patents stay commonly owned to remain enforceable.
What MPEP 1490 covers
A patentee may also disclaim complete claims or dedicate the term to the public.
- Statutory disclaimer of complete claims (37 CFR 1.321(a)).
- Terminal disclaimer to obviate double patenting (37 CFR 1.321(b), (c)), with common-ownership enforceability.
- Who may sign, the fee, and recording the disclaimer.
How examiners use it
A compliant terminal disclaimer resolves a nonstatutory double patenting rejection without argument.
On the patent bar
Know that a terminal disclaimer cannot cure statutory double patenting, and its common-ownership condition.
Read the full text
Official title: Disclaimers [R-01.2024].
Read MPEP 1490 in full on Wysebridge ↗
Or at the source: USPTO MPEP § 1490.
Sources for this entry
- USPTO — MPEP § 1490 USPTO
Official text of this section, Ninth Edition, Revision 01.2024. - Wysebridge MPEP Center Wysebridge (publisher of this site)
The full MPEP (9th Ed., Rev. 01.2024) free to read, with Wysebridge's estimated patent bar weight for each chapter.
Practical guidance is original editorial content. Company-published figures are the company's own claims and are labeled as such.
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Cite or share this entry
MPEP.net. “MPEP 1490: Disclaimers and Terminal Disclaimers.” Wysebridge Reference. Content reviewed 9 November 2026.
https://mpep.net/mpep-1490/