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.

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词条贡献者

译者Kelly，美国顶尖商学院国际经济法专业，擅长翻译各种与投资基金与基金顾问诉讼相关的法律文件。