Statutory double patenting occurs when an individual attempts to obtain a patent for an invention that they have already patented or have a pending patent application for. This is prohibited and can lead to the patent being rejected or invalidated. Similarly, it is not permissible to obtain a patent for an invention that is only marginally different from an already patented invention. This is referred to as obviousness-type double patenting and can also result in the rejection or invalidation of the patent.
Statutory double patenting occurs when an inventor attempts to obtain two patents for the identical invention. This is prohibited as an inventor is not permitted to receive multiple patents for the same invention. It is also referred to as same-invention double patenting. For instance, if an inventor acquires a patent for a new model of a phone, they cannot subsequently obtain another patent for the same phone but with a different color. This is because the invention remains the same, and the inventor cannot secure two patents for it. In the event an inventor tries to obtain two patents for the same invention, the patent office has the authority to reject the application or restrict the duration of the patent using a terminal disclaimer. A terminal disclaimer is a legal document that declares the inventor’s commitment to refrain from seeking two patents for the same invention.
Statutory double patenting refers to a situation where an inventor seeks to obtain a second patent for an invention that is essentially the same as a previously granted patent.
Statutory double patenting is a concern because it allows an inventor to extend their exclusive rights over an invention beyond the normal patent term, potentially hindering competition and innovation.
Statutory double patenting is a statutory prohibition, meaning it is explicitly prohibited by law, while obviousness-type double patenting is a judicially created doctrine that prevents an inventor from obtaining a second patent for an obvious variation of their original invention.
No, an inventor cannot obtain two patents for the same invention. Statutory double patenting prevents an inventor from obtaining a second patent for an invention that is essentially the same as a previously granted patent.
Yes, there are exceptions to the prohibition on statutory double patenting. For example, if an inventor can demonstrate that the second patent covers a distinct and patentable improvement over the original invention, they may be able to obtain a second patent.
To avoid statutory double patenting issues, an inventor should carefully review the claims and scope of their original patent before seeking a second patent. They should ensure that the second patent covers a distinct and patentable improvement over the original invention.
If an inventor violates the prohibition on statutory double patenting, the second patent may be invalidated or rendered unenforceable. Additionally, the inventor may face legal consequences, such as being sued for patent infringement.
Yes, statutory double patenting can be used as a defence in a patent infringement lawsuit. If the accused infringer can demonstrate that the patent being asserted against them is invalid due to statutory double patenting, it may provide a defence against the infringement claim.
Yes, in some cases, statutory double patenting can be overcome by filing a terminal disclaimer. A terminal disclaimer is a legal document that disclaims any right to the term of the second patent that extends beyond the term of the first patent.
Yes, statutory double patenting issues can be resolved through negotiation or settlement. Parties involved in a dispute over statutory double patenting may choose to negotiate a licensing agreement or settle the matter outside of court.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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