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I was issued a patent on a structural building system using novel building blocks and building locks

I have a much improved novel building block and building locks that are completely different from the ones in the issued patent but still accomplish blocks that lock together side to side and end to end into locked structures

The issued patent is not practically applicable in the real world The new building system is and is the one anyone would use over the issued one

Will it automatically be rejected if I am the same inventor and file the new one?

  • Who the inventor is has no bearing on whether your new building system is patentable so don't worry about that at all. The only question is whether your new system is novel over what is known in the prior art. – Eric Shain Mar 25 '17 at 20:49
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Probably not.

Where the claims of an application are the same as those of a first patent, they are barred under 35 U.S.C. 101 - the statutory basis for a double patenting rejection. A rejection based on double patenting of the “same invention” finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process ... may obtain a patent therefor ...” (emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter.

It basically comes down to novelty. If your second invention is novel in light of the first, you won't get a double patenting rejection.

https://www.uspto.gov/web/offices/pac/mpep/s804.html

  • (Afaik the double patenting rejection is more important when novelty rejections don't apply because of claimed priorities etc., but maybe someone US based can confirm/deny that.) – DonQuiKong Mar 22 '17 at 9:12
  • I agree. I have several inventions that are refinements or improvements of my previous inventions. – Eric Shain Mar 22 '17 at 13:58
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I agree with DonQuiKong. Addition to that if you want to file a patent in European it wont be possible. you must file a patent based on the priority of earlier patent. (patent must be emphasis added)

  • Only if the claimed invention is not novel and inventive on itself. – DonQuiKong Mar 23 '17 at 7:43

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