What is the “one patent per invention” rule in 35 U.S.C. 101?

The “one patent per invention” rule is a fundamental principle derived from 35 U.S.C. 101. As explained in MPEP 2104:

“35 U.S.C. 101 has been interpreted as imposing four requirements. First, whoever invents or discovers an eligible invention may obtain only ONE patent therefor.“

This rule means that an inventor can obtain only one patent for a single invention. The purpose is to prevent multiple patents from being granted for the same inventive concept, which could potentially extend the monopoly beyond the intended patent term. However, it’s important to note that:

• Related inventions may be covered by separate patents if they meet the criteria for distinctness.
• Continuation and divisional applications can lead to multiple patents from a single initial application, but each must claim distinct aspects of the invention.
• Improvements or new uses of an existing invention may be patentable separately.

Inventors and patent practitioners must carefully consider this rule when drafting patent applications and managing patent portfolios to ensure compliance with 35 U.S.C. 101.

To learn more:

• one patent per invention
• 35 U.S.C. 101
• patent eligibility
• patent application