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Double Patenting: What It Means for Inventors and Patent Law
Definition & Meaning
Double patenting occurs when a patent is granted for the same invention more than once. This practice is generally prohibited because it could allow an inventor to extend the duration of patent protection unfairly. In the United States, double patenting is rejected under two main circumstances:
When the same invention is requested to be patented again.
In continuing patent applications where a claim is an obvious variation of an earlier invention.
To address issues of double patenting, a patentee can file a "terminal disclaimer," which is a statement that disclaims any patent term that would extend beyond the expiration of the first patent.
Table of content
Legal Use & context
Double patenting is primarily relevant in patent law, a branch of intellectual property law. It ensures that inventors cannot unduly extend their monopoly over an invention. This concept is particularly important in the context of patent applications and claims where two individuals may claim the same invention. The United States Patent and Trademark Office (PTO) requires evidence of who completed the invention first when conflicts arise.
Users can manage some aspects of patent applications themselves using legal templates from US Legal Forms, but consulting with a patent attorney is often advisable for complex situations.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(Hypothetical example) If Inventor A files a patent for a unique type of bicycle and later attempts to file a second patent for a slightly modified version of that bicycle, the PTO may reject the second application due to double patenting. Instead, Inventor A could file a terminal disclaimer to ensure the second patent does not extend beyond the first patent's expiration.
Comparison with related terms
Term
Definition
Difference
Double Patenting
Granting multiple patents for the same invention.
Prohibited to prevent unfair extension of patent rights.
Patent Infringement
Unauthorized use of a patented invention.
Involves violation of existing patent rights, not the granting of patents.
Continuing Patent Application
An application that continues the examination of a previous application.
May lead to double patenting if not properly managed.
Common misunderstandings
What to do if this term applies to you
If you believe double patenting may affect your patent application, consider the following steps:
Review your patent claims to ensure they do not overlap with previous patents.
Consult with a patent attorney to understand your options, especially if you face a conflict with another inventor.
Consider filing a terminal disclaimer if applicable to resolve any double patenting issues.
Explore US Legal Forms for templates that can assist you in managing your patent applications.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.
Varies based on patent application type and legal assistance.
Jurisdiction
United States Patent and Trademark Office (PTO).
Possible Penalties
Rejection of patent applications or invalidation of patents.
Key takeaways
Frequently asked questions
Double patenting is the practice of obtaining multiple patents for the same invention, which is generally prohibited to prevent unfair extension of patent rights.
Ensure that your patent claims do not overlap with previous patents and consider filing a terminal disclaimer if necessary.
A terminal disclaimer is a statement that disclaims any patent term that would extend beyond the expiration of an earlier patent.
You can file for a variation, but it must be significantly different and not an obvious modification of the original invention.
Consult a patent attorney to navigate the conflict and gather evidence of who completed the invention first.