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LSDefine

Simple English definitions for legal terms

obviousness double patenting

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A quick definition of obviousness double patenting:

Obviousness double patenting is when someone tries to get a patent for an invention that is too similar to another invention they already have a patent for. This is not allowed because you can't have more than one patent for the same thing. It's like trying to get two stickers for the same picture. There are two types of double patenting: same-invention double patenting, which is when the inventions are exactly the same, and obviousness-type double patenting, which is when the inventions are very similar but have some small differences that can't be patented. If someone tries to get a double patent, their application can be rejected or their patent can be invalidated.

A more thorough explanation:

Obviousness double patenting is when an inventor tries to patent an invention that is too similar to another invention they have already patented or have a pending patent application for. This can happen in two ways:

  1. Statutory double patenting: This is when an inventor tries to patent the same invention twice. This is not allowed, and any double patenting can result in the invalidation of the patent claim or rejection of the patent application.
  2. Judicially created double patenting: This is when an inventor tries to patent an invention that is an obvious variation of another invention they have already patented or have a pending patent application for. This is also not allowed, and can result in the rejection of the patent application, limiting the term of the patent through a terminal disclaimer, or invalidating the patent.

For example, if an inventor has already patented a new type of phone case that is made of silicone, they cannot then try to patent a phone case that is made of rubber, as this is too similar and would be considered obviousness double patenting.

obviousness | obviousness-type double patenting

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i cant i would go crazy
JumpySubsequentDolphin
20:50
i need to know who decided to do that.
JumpySubsequentDolphin
20:50
omg im on a plane weeeee
the devil
youre on a plane??? LSD made the mile high club??
20:50
yo splitterus are you in school already
20:50
it says ur c/o 2027
JumpySubsequentDolphin
20:51
@SplitterusClitterus: HAHAH yes
ur user is hilarioussss and no i just graduated this may and am now applying ---also im out of messages so ill take a lil
20:52
roger dat. see u in heck
im back, r u applying this cycle too
JumpySubsequentDolphin
21:32
this child fell asleep on me
JumpySubsequentDolphin
21:32
im so uncomfortable
just push him off the entire seat
JumpySubsequentDolphin
21:34
LMAOOOO
JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
@SplitterusClitterus: me yesterday
gulc baby pls text me back... i miss you ...... :(
22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
AHHAHAHAHAHAHHAHAHAHAHAHAH
@JumpySubsequentDolphin: wait this is so cute, also where r u going
JOE MBIDEN
JumpySubsequentDolphin
22:39
@splitty Oregon!
oh yay for what thats so random
JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
so cutie oregon is beatiful
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