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Questions tagged [double-patenting]

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Can two separate dependent claims be used to reject one claim in an obviousness-type double patenting rejection?

Suppose an application is filed in the US with the following claim: A widget comprising X and Y. And the Inventor has another co-pending application claiming the same widget, but with X and Y ...
0 votes
1 answer
49 views

Can I add more claims for the same invention after patent grant?

Let's just say I have an invention and I would like to have 60 patent claims to cover the invention properly. I file the application with 30 claims (3 independent and 27 dependent) and my patent is ...
1 vote
1 answer
212 views

Divisional, continuation or two separate applications?

I have two related but distinct inventions, which I have drafted one specification for. What is the best strategy: file the specification with two sets of claims (which will include more than 20 ...
0 votes
1 answer
38 views

When exactly patents fall under double-patenting?

I have an omnibus specification and I want to split it into multiple patents at a later point. I'm little afraid that accidentally I'll double patent my work. So I just need some clarification. I ...
2 votes
2 answers
114 views

Co-inventor filed same invention again as sole inventor -- Double patenting? Inequitable conduct?

I am a co-inventor together with a fellow engineer. Some time ago, we filed a provisional for our invention and close to 12 month later, in coordination with the co-inventor, I filed a PCT application ...
1 vote
0 answers
150 views

Overcoming obviousness-type double patenting rejection referencing third-party material

I have a provisional OTDP rejection that references an earlier application I made, explicitly references a third-party reference (no inventors in common with the application), and two other references ...
3 votes
1 answer
75 views

Terminal disclamier

What happens when a terminal disclaimer is taken to a patent which itself is a continuation of a patent family that now has been sold? Only the latest member of the family is cited in the terminal ...
1 vote
2 answers
42 views

Avoidance of double patent

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 ...
2 votes
1 answer
579 views

Purpose of Terminal Disclaimers

What are Terminal Disclaimers in US patent system, and how are they used? When one patent already exists and a second patent is so similar to it that a terminal disclaimer has to be filed by the ...