What is the impact of the CREATE Act on double patenting rejections?

The CREATE Act has a significant impact on double patenting rejections in patent examination. The MPEP explains:

“Congress recognized that this amendment to 35 U.S.C. 103(c) would result in situations in which there would be double patenting rejections between applications not owned by the same party (see H.R. Rep. No. 108-425, at 5-6 (2003).“

As a result, applications or patents and subject matter disqualified under pre-AIA 35 U.S.C. 103(c) as amended by the CREATE Act will be treated as if commonly owned for double patenting analysis. This can lead to double patenting rejections in situations where they might not have occurred before the CREATE Act.

To learn more:

• CREATE Act
• double patenting
• pre-AIA 35 U.S.C. 103(c)
• patent examination