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In your example, you say "patents B and C contain patent A's claims". That is not the case in your example. They build upon the information taught in patent A. The issue will be whether the claims in B and C are obvious variants from the teachings embodied in the claims of patent A. We can't tell that from "W, X, Y, Z". If adding step W at the start and ...


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Double patenting results when the right to exclude granted by a first patent is unjustly extended by the grant of a later issued patent or patents.The doctrine of double patenting has been created to prevent the unjustified extension of patent exclusivity beyond the term of a patent. The following criteria are considered for the issue of double patenting, ...


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What happens when a TD is taken to a patent which itself is a continuation of a patent family that now has been sold? Per 35 USC 154 (c).1: The term of a patent that is in force on or that results from an application filed before the date that is 6 months after the date of the enactment of the Uruguay Round Agreements Act shall be the greater of the 20-...


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I think the word "related" is the key here. A divisional application generally cannot get an obviousness-type double patenting rejection over its parent/child/sibling. So you will not need a "terminal disclaimer". This means that you will have an easier time selling each patent to a different buyer. Also, if one patent gets a term adjustment, it will stick. ...


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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 ...


1

A Terminal Disclaimer is a written statement by a patent owner stating that the owner has disclaimed, or renounced legal claim to, a period of a later-issued patent that would extend beyond the expiration of an earlier-issued patent. The terminal disclaimer avoids one type of double patenting rejection as long as both the patents are commonly owned. There ...


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