What is double patenting in design patents?
Double patenting in design patents refers to two types of rejections:
- Statutory double patenting: Based on 35 U.S.C. 171, which states an inventor may obtain “a patent” (singular). This prevents issuing two patents for the same design.
- Nonstatutory double patenting: Based on judicial doctrine to prevent unjustified extension of patent rights and multiple suits against infringers.
As stated in the MPEP: There are generally two types of double patenting rejections. One is the same invention type or “statutory” double patenting rejection based on 35 U.S.C. 171 which states in the singular that an inventor may obtain “a patent.” The second is the “nonstatutory” double patenting rejection based on a judicially created doctrine grounded in public policy and which is primarily intended to prevent prolongation of the patent term by prohibiting claims in a second patent not patentably distinct from claims in a first patent.
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