1. Obtaining two patents covering the same invention. • An inventor is not allowed to receive more than one patent on one invention.
— Also termed same-invention double patenting. [Cases: Patents 120.]
2. The issuance or obtaining of a patent for an invention that differs from an already patented invention only in some unpatentable detail.
— Also termed obviousness-type double patenting.
judicially created double patenting. Attempting to patent an invention that is an obvious variation of another invention by the same inventor when the first invention has already been patented or has a pending patent application. • Double patenting is grounds for rejecting a patent application, limiting the term of a patent through a terminal disclaimer, or invalidating a patent. In re Longi, 225 USPQ 645 (Fed. Cir. 1985). A double-patenting challenge can be overcome by filing a terminal disclaimer.
— Also termed obviousness-type double patenting.
obviousness-type double patenting. See judicially created double patenting.
same-invention double patenting. See statutory double patenting.
statutory double patenting. Attempting to patent an invention that is the same subject matter as another invention by the same inventor, when the first invention has already been patented or has a pending patent application. • Any double patenting is grounds for invalidating a patent claim or rejecting a claim in a patent application. 35 USCA § 101.
— Also termed same-invention double patenting.
