How are double patenting issues addressed in multiple reissue applications?
Double patenting issues can arise when multiple reissue applications are filed for the same patent. The MPEP provides guidance on addressing these issues:
Where the parent and the continuation reissue applications are examined together, a provisional double patenting rejection should be made in both cases as to any overlapping claims.
To resolve these issues, terminal disclaimers may be required:
Any terminal disclaimer filed to obviate a nonstatutory double patenting rejection ensures common ownership in accordance with 37 CFR 1.321(c)(3) or common enforcement in accordance with 37 CFR 1.321(d)(3) of the reissue patents during enforcement actions in the remainder of the unexpired term of the original patent.
The examiner should consider both statutory and nonstatutory double patenting:
If the same or similar claims are presented in more than one of the multiple reissue applications, the possibility of statutory double patenting (35 U.S.C. 101) or nonstatutory (judicially created doctrine) double patenting should be considered by the examiner during examination, and the appropriate rejections made.
Proper handling of double patenting issues ensures that the scope of protection granted by multiple reissue patents is appropriate and not overlapping.
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