Definition
Double patenting is a rejection that prevents an applicant from obtaining two patents that claim the same invention or an obvious variation of it.
Why It Matters Legally
Double patenting rejections commonly arise in patent families and are usually overcome with a terminal disclaimer. Failing to address them properly can lead to invalidity later.
Example Use Case
An examiner rejects a continuation’s claims as an obvious variant of the parent patent, and the applicant overcomes it with a terminal disclaimer.
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Related Terms
Terminal Disclaimer, Continuation Application, Patent Family, Office Action, Patent Prosecution