How can I avoid a statutory double patenting rejection?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. A statutory double patenting rejection can be avoided by: Amending the conflicting claims so that they are not coextensive in scope Canceling the conflicting claims in all pending applications (if the conflicting claims are in one or more pending applications and a patent) Canceling the conflicting claims in all but one of the pending applications (if the conflicting claims are in two or more pending applications) As stated in MPEP 804.02 : “ A terminal disclaimer is not effective in overcoming a statutory double patenting rejection. “ Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Terminal Disclaimer to Avoid Double Patenting Rejection MPEP 804.02 Permitted Maintain Provisional Statutory Double Patenting Rejection Until Overcome MPEP 804 Recommended Statutory Double Patenting Overcome by Amending Claims MPEP 804 Permitted Canceling Conflicting Claims Avoids Double Patenting Rejection MPEP 804.02 Permitted Terminal Disclaimer Is Ineffective for Statutory Double Patenting MPEP 804.02 Cancel Conflicting Claims in All But One Application to Avoid Double Patenting Rejection MPEP 804.02 Permitted Double Patenting Between Applications and Patents MPEP 804 Permitted Terminal Disclaimer Cannot Overcome Double Patenting MPEP 804 Prohibited Response Required for Statutory Double Patenting Rejection MPEP 804 Statutory Double Patenting Between Issued Patents and Applications MPEP 804 Permitted Other Related FAQs 5 FAQs Collapse What is the significance of the &#8216;common ownership&#8217; requirement in terminal disclaimers? How does a continuing application affect double patenting considerations? How does a two-way test differ from a one-way test in double patenting anal...