What is double patenting?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Double patenting is a judicial doctrine that prevents the unjustified…
Read MoreWhat conditions must be met for the USPTO to reject a generic claim based on nonstatutory double patenting?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. According to MPEP 806.04(i), the USPTO may reject a generic…
Read MoreHow does the USPTO determine if a nonstatutory double patenting rejection is appropriate?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The USPTO determines if a nonstatutory double patenting rejection is appropriate by comparing the…
Read MoreWhat is a terminal disclaimer and how does it affect patent rights?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. A terminal disclaimer is a legal document filed by a…
Read MoreWhat is a terminal disclaimer and how does it affect patent term?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. A terminal disclaimer is a statement filed by a patent…
Read MoreWhat’s the difference between statutory and nonstatutory double patenting?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The main differences between statutory and nonstatutory double patenting are: Statutory double patenting: Based…
Read MoreWhat is the purpose of filing multiple terminal disclaimers?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Filing multiple terminal disclaimers may be necessary when there are…
Read MoreHow can I overcome a nonstatutory double patenting rejection?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. To overcome a nonstatutory double patenting rejection, you can file a terminal disclaimer. The…
Read MoreWhat is nonstatutory double patenting in the context of generic and species claims?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Nonstatutory double patenting is a judicial doctrine that prevents the…
Read MoreWhen can a nonstatutory double patenting rejection be applied to a divisional application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. A nonstatutory double patenting rejection can be applied to a divisional application in specific…
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