Here’s a patent bar style question for anyone who wants to test their mettle lol. Just got an issue notification for a CON app. A terminal disclaimer was filed as to the patent app, which is still pending. If the parent issues with patent term adjustment, would the PTA be applied to the expiration date of the CON? My thinking is no, because the MPEP states that the term of the CON/TD app would be the ~statutory~ term of the parent.

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This is an excellent question and I'm hoping someone can chime in with an answer

I ended up figuring it out! PTA doesn’t transfer — it’s unique to each application. Any PTA granted in the parent case would not carry over to the con/disclaimed app.

There was a case that came out a few years ago which suggests that the later issuing and earlier expiring patent could reduce the term of an earlier issued and later expiring patent. It wasn’t the exact fact pattern, but the principle was laid out so we try to advice clients of this risk when filing TDs in CONs that have patent cases with significant PTA.

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