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9 Cards in this Set
- Front
- Back
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Double patenting applies to which patent?
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The second patent that will issue with a claim that is the same or an obvious variant of the first.
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Double patenting may apply to what entities?
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(a) The same inventive entity,
(b) A common assignee (even different inventive entities), (c) Overlapping inventive entities, even if there is no common assignee. |
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When does Statutory Double Patenting exist?
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Exactly the same invention is claimed (doesn't have to be the same words). TEST: A device literally infringes both claims.
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Can a terminal disclaimer overcome statutory double patenting?
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No. IT cannot be overcome in any way.
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When is two-way obviousness required to show non-statutory double patenting?
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a. In a design-utility context,
b. When the USPTO is responsible for a second-filed application issuing first. |
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Solutions to non-statutory double patenting:
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a. Demonstrate non-obviousness,
b. File a terminal disclaimer, c. If neither has issued, combine the two applications into one application (as a continuation-in-part). |
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What claims must a terminal disclaimer include?
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All claims must be disclaimed.
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What are the exceptions to a terminal disclaimer requiring patents expire at the same time?
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(a) First patent canceled in reissue or reexamination,
(b) One held invalid or unenforceable, (c) Failure to pay maintenance fee on one. |
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Is a terminal disclaimer an admission of obviousness over the other patent?
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No.
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