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3 votes
Accepted

When exactly patents fall under double-patenting?

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 ...
George White's user avatar
  • 29.5k
2 votes
Accepted

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

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 ...
RishiM's user avatar
  • 1,191
2 votes
Accepted

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

Yes, but it depends upon the claims. If the claims in the continuation are different enough from the claims in the granted patent there might be no issue of double patenting at all. If the examiner ...
George White's user avatar
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1 vote

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

The standard is - are the claims “patently distinct” from each other. This is like a 103 obviousness analysis (complicated, arguable and somewhat subjective) and therefore there would not likely be a ...
George White's user avatar
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1 vote

Terminal disclamier

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 ...
A. K.'s user avatar
  • 250
1 vote

Divisional, continuation or two separate applications?

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 ...
tilnow's user avatar
  • 309

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