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LSDefine
Simple English definitions for legal terms
obviousness-type double patenting
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A quick definition of obviousness-type double patenting:
Double patenting is when someone tries to get two patents for the same invention or for an invention that is too similar to one that has already been patented. This is not allowed because it is unfair to have more than one patent for the same thing. There are two types of double patenting: same-invention double patenting and obviousness-type double patenting. Same-invention double patenting is when someone tries to patent the exact same thing as another inventor. Obviousness-type double patenting is when someone tries to patent an invention that is only slightly different from another invention that has already been patented. Double patenting can lead to a patent being rejected or invalidated.
A more thorough explanation:
Obviousness-type double patenting is a situation where an inventor tries to obtain a patent for an invention that is only a minor variation of another invention they have already patented or have a pending patent application for. This type of double patenting is not allowed because it is considered unfair to grant multiple patents for the same invention or a minor variation of it.
For example, if an inventor has already obtained a patent for a new type of smartphone, they cannot obtain another patent for a slightly modified version of the same smartphone. This is because the modification is not significant enough to warrant a new patent.
Another example is if an inventor has a patent for a new type of car engine, they cannot obtain another patent for a slightly modified version of the same engine. This is because the modification is not significant enough to warrant a new patent.
Overall, obviousness-type double patenting is not allowed because it goes against the principle of fairness and discourages innovation by allowing inventors to monopolize an invention or a minor variation of it.
obviousness double patenting | obviousness-type double-patenting rejection