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LSDefine
Simple English definitions for legal terms
statutory double patenting
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A quick definition of statutory double patenting:
Statutory double patenting is when someone tries to get a patent for the same invention that they have already patented or have a pending patent application for. This is not allowed and can result in the rejection or invalidation of the patent. It is also not allowed to get a patent for an invention that is only slightly different from an already patented invention. This is called obviousness-type double patenting and can also result in rejection or invalidation of the patent.
A more thorough explanation:
Statutory double patenting is when an inventor tries to get two patents for the same invention. This is not allowed because an inventor cannot receive more than one patent for the same invention. It is also called same-invention double patenting.
For example, if an inventor gets a patent for a new type of phone, they cannot then get another patent for the same phone with a different color. This is because the invention is still the same, and the inventor cannot get two patents for it.
If an inventor tries to get two patents for the same invention, the patent office can reject the application or limit the term of the patent through a terminal disclaimer. A terminal disclaimer is a legal document that says the inventor will not try to get two patents for the same invention.