HopefullyInLawSchool
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LSDefine
Simple English definitions for legal terms
obviousness-type double-patenting rejection
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A quick definition of obviousness-type double-patenting rejection:
An obviousness-type double-patenting rejection is when someone tries to get a patent for something that is too similar to something they already have a patent for. It's like trying to get two patents for the same thing. This is not allowed because it's not fair to other people who might want to use or improve upon the invention. It's like if you already have a toy car and then try to get a patent for a toy truck that looks almost exactly the same. The patent office would say no because it's too similar to what you already have.A more thorough explanation:
Obviousness-type double-patenting rejection is a finding by a patent examiner that a patent application is unpatentable because it is an obvious variation of another patented invention by the same inventor. This is a type of judicially created double-patenting rejection.
An example of an obviousness-type double-patenting rejection would be if an inventor applied for a patent on a new type of phone case that was slightly different from a phone case they had already patented. The patent examiner could reject the new application because the invention is not substantially different from the previous patent.
Another example would be if an inventor applied for a patent on a new type of chair that was very similar to a chair they had already patented. The patent examiner could reject the new application because the invention is an obvious variation of the previous patent.
These examples illustrate how an inventor cannot simply make minor changes to an existing invention and expect to receive a new patent. The invention must be substantially different and not obvious to someone skilled in the field.