What are the requirements for a proper consonance in divisional applications?
What are the requirements for a proper consonance in divisional applications? Proper consonance in divisional applications is crucial for maintaining the protection against double patenting rejections under 35 U.S.C. 121. According to MPEP 804.01: “Consonance requires that the line of demarcation between the ‘independent and distinct inventions’ that prompted a restriction requirement be maintained ……
Read MoreWhat happens if consonance is lost in a divisional application?
If consonance is lost in a divisional application, it doesn’t automatically result in a double patenting rejection. The MPEP, citing Applied Materials Inc. v. Advanced Semiconductor Materials, states: “However, even if such consonance is lost, double patenting does not follow if the requirements of Section 121 are met or if the claims are in fact…
Read MoreWhat is consonance in the context of restriction requirements and double patenting?
Consonance, in the context of restriction requirements and double patenting, refers to maintaining the line of demarcation between independent and distinct inventions that prompted the original restriction requirement. The MPEP cites Geneva Pharmaceuticals Inc. v. GlaxoSmithKline PLC to explain: “Section 121 shields claims against a double patenting challenge if consonance exists between the divided groups…
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