Terminal disclaimers are required to have a provision that states: "the later patent will be enforceable only as long as it and the prior patent are commonly owned."
Why have such a requirement? This requirement is necessary to eliminate the risk that two similar patents may be assigned to different parties, each of whom could press duplicative and harassing claims against the same potential infringer.
Why have such a requirement? This requirement is necessary to eliminate the risk that two similar patents may be assigned to different parties, each of whom could press duplicative and harassing claims against the same potential infringer.