What is the purpose of preventing the issuance of two patents with patentably indistinct claims?
The purpose of preventing the issuance of two patents with patentably indistinct claims to different parties is to uphold the fundamental principle of patent law that only one patent should be granted for a single invention. This is explained in MPEP 717.01(d), which cites relevant case law:
“See In re Deckler, 977 F.2d 1449, 1451–52, 24 USPQ2d 1448, 1449 (Fed. Cir. 1992) (35 U.S.C. 102, 103, and 135 ‘clearly contemplate—where different inventive entities are concerned—that only one patent should issue for inventions which are either identical to or not patentably distinct from each other’) (quoting Aelony v. Arni, 547 F.2d 566, 570, 192 USPQ 486, 490 (CCPA 1977)).”
This principle serves several important purposes:
- It prevents double patenting, which could extend patent protection beyond the statutory period
- It avoids potential conflicts in patent rights between different parties
- It promotes clarity in the patent system by ensuring that a single invention is covered by a single patent
- It encourages inventors to clearly distinguish their inventions from prior art and other pending applications
By limiting the issuance of patents with patentably indistinct claims, the patent system maintains its integrity and fairness, ensuring that inventors receive appropriate protection for their unique contributions to the field.
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