What situations are not protected by the 35 U.S.C. 121 prohibition against nonstatutory double patenting rejections?
The MPEP outlines several situations where the prohibition against nonstatutory double patenting rejections under 35 U.S.C. 121 does not apply: When the applicant voluntarily files two or more applications without a restriction requirement by the examiner When the claims are not consonant with the original restriction requirement When the restriction requirement was withdrawn due to…
Read MoreWhat 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…
Read More