How does double patenting apply to design and utility patents?
Double patenting can occur between utility and design patents in certain situations:
- Double patenting rejections can be made between utility-plant, utility-design, or design-utility patents/applications
- The same principles generally apply as in utility-utility situations
- Double patenting may exist even if the claims are not directed to the same invention or obvious variations
As stated in MPEP 804: “Double patenting issues may be raised where an applicant has filed both a utility patent application (35 U.S.C. 111) and either an application for a plant patent (35 U.S.C. 161) or an application for a design patent (35 U.S.C. 171). In general, the same double patenting principles and criteria that are applied in utility-utility situations are applied to utility-plant or utility-design situations.”
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