[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"detail-sidebar-cat-0-en-105":3,"doc-seo-663814-105":59,"doc-detail-663814-en":130},{"code":4,"msg":5,"data":6},0,"success",[7,13,18,23,28,33,38,43,48,51,55],{"id":8,"doc_module":4,"doc_module_name":9,"category_name":10,"show_sort_weight":11,"slug":12},1,"Document","Story & Novel",90,"story-novel",{"id":14,"doc_module":4,"doc_module_name":9,"category_name":15,"show_sort_weight":16,"slug":17},2,"Literature",80,"literature",{"id":19,"doc_module":4,"doc_module_name":9,"category_name":20,"show_sort_weight":21,"slug":22},4,"Exam",70,"exam",{"id":24,"doc_module":4,"doc_module_name":9,"category_name":25,"show_sort_weight":26,"slug":27},5,"Comic",60,"comic",{"id":29,"doc_module":4,"doc_module_name":9,"category_name":30,"show_sort_weight":31,"slug":32},6,"Technology",50,"technology",{"id":34,"doc_module":4,"doc_module_name":9,"category_name":35,"show_sort_weight":36,"slug":37},7,"Healthcare",40,"healthcare",{"id":39,"doc_module":4,"doc_module_name":9,"category_name":40,"show_sort_weight":41,"slug":42},8,"Research & Report",30,"research-report",{"id":44,"doc_module":4,"doc_module_name":9,"category_name":45,"show_sort_weight":46,"slug":47},9,"Religion & Spirituality",20,"religion-spirituality",{"id":46,"doc_module":4,"doc_module_name":9,"category_name":49,"show_sort_weight":46,"slug":50},"World Cup","world-cup",{"id":52,"doc_module":4,"doc_module_name":9,"category_name":53,"show_sort_weight":52,"slug":54},10,"Lifestyle","lifestyle",{"id":56,"doc_module":4,"doc_module_name":9,"category_name":57,"show_sort_weight":24,"slug":58},19,"General","general",{"code":4,"msg":60,"data":61},"ok",{"site_id":62,"language":63,"slug":64,"title":65,"keywords":66,"description":67,"schema_data":68,"social_meta":123,"head_meta":125,"extra_data":127,"updated_unix":129},105,"en","an-intro-to-double-patenting-banner-witcoff-intellectual-property-update","AN INTRO TO DOUBLE PATENTING - Banner & Witcoff Intellectual Property Update","","Double patenting in patent law prevents an inventor from extending exclusivity by obtaining multiple patents covering the same invention or only obvious variations. The document explains how patent “claims” define the invention, and why the relevant comparison is across different patents rather than within a single patent. It distinguishes statutory double patenting, rooted in 35 U.S.C. § 101, from obviousness-type double patenting based on case-law doctrine and designed to protect third parties from harassment. A detailed hypothetical involving mechanical clocks illustrates rejection of continuation claims as obvious variants.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/an-intro-to-double-patenting-banner-witcoff-intellectual-property-update/663814/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/an-intro-to-double-patenting-banner-witcoff-intellectual-property-update/663814.png","ImageObject",300,407,{"name":92,"@type":93},"I feel Different","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-30","2026-10-29",true,{"@type":102,"interactionType":103,"userInteractionCount":19},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"What is the core idea behind double patenting?","Question",{"text":112,"@type":113},"Double patenting prevents an inventor from circumventing the limited life of a patent by obtaining multiple patents for the same invention or obvious variations. If two patents cover the same invention (or an obvious variant), at least one may be invalid.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"How do patent claims relate to double patenting?",{"text":117,"@type":113},"In patent law, an invention is defined by patent claims. Double patenting focuses on whether claims in different patents cover the same invention (or obvious variants), not on multiple claims within one patent.",{"name":119,"@type":110,"acceptedAnswer":120},"What is the difference between statutory and obviousness-type double patenting?",{"text":121,"@type":113},"Statutory double patenting bars two patents with effectively identical claims and is tied to 35 U.S.C. § 101. Obviousness-type double patenting bars a claim that is obvious over a claim in another patent, based on case-law doctrine, and is meant to prevent extending a first patent’s life and to protect third parties.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},663814,1793232367,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":19,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":19,"language":139,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":140,"faqs":141,"seo_title":142,"seo_description":67,"update_tm":129,"read_time":52},962093541761,"https://ap-avatar.wpscdn.com/davatar_29158cc5080c5b710cf443261637dec0","AN INTRO TO DOUBLE PATENTING  \n16  \nBANNER & WITCOFF INTELLECTUAL PROPERTY UPDATE | FALL/WINTER 2016  \nBY H. WAYNE PORTER  \n“Double patenting,” one of the more arcane subjects in patent law, is based on a deceptively simple idea. A patent is a government grant that gives an inventor exclusive rights in his or her invention for a limited period. An inventor should not be allowed to circumvent that time limit by obtaining multiple patents for the same invention or for obvious variations of that invention. If an inventor obtains two patents for the same invention, or for the invention and an obvious variation, at least one of those patents will be invalid.  \n“Claims” and “continuations” are two concepts that are relevant to double patenting. In patent law, an invention is defined by a patent claim. Most patents have multiple claims. Although each of those claims effectively represents a different invention, this is allowed if those claims are drafted so that they are all sufficiently related to one another. However, double patenting is concerned with the existence of multiple claims for the same invention (or obvious variants) in multiple patents, and not with multiple claims within a single patent.  \nA patent, as well as the application from which a patent issues, includes a great deal more than claims. In particular, a patent includes a description of how the invention represented by the claims can be implemented. For many technologies, a patent also includes multiple drawings to explain the invention. The description and drawings often include many alternative elements and/or uses, a discussion of the relevant technology, and numerous other things that may not be recited by a  \nclaim. It is common for an inventor to file an application and obtain a patent with claims directed to certain aspects of what is set forthin the description and drawings, and to then file a continuation application to obtain a separate patent. The continuation application (and the resulting separate patent, which may also be called a “continuation”) normally has the same description and drawings as the first application and patent (the “parent”application/patent), but has different claims directed to different aspects of what is set forthin the description and drawings.  \nThere are two kinds of double patenting.“Statutory” double patenting bars an inventor from having two patents with the same claim (or with claims that are effectively identical) . The prohibition against statutory double patenting arises from 35 U.S.C. § 101, which allows an inventor to “obtain a patent.”Because it requires the same claim in two patents, statutory double patenting is relatively easy to avoid and is fairly uncommon.  \n“Obviousness-type” double patenting bars an inventor from having a patent with a claim that is obvious over a claim in another of the inventor’s patents. The prohibition against obviousness-type double patenting arises from case-law doctrine created by judges. The principle behind this doctrine is that an inventor should not be able to extend the life of a first patent by obtaining a second patent with a claim to an obvious variation of the invention claimed in the first patent.  \nThe doctrine is also designed to protect third parties from harassment by multiple patent owners in connection with the same invention.  \nThe following example helps to explain obviousness-type double patenting. Assume that Jim, an employee of Tempus Timepieces, Ltd., has invented a mechanical clock. Jim’s invention is a system of gears that rotate in response to force from a spring. The gears are selected so that one gear rotates at 60 revolutions per minute (rpm), another rotates at 1 rpm, and another rotates at 1/60 rpm (or 1 revolution per hour) . A patent application for Jim’s invention is prepared. That application has numerous drawings and an excruciating level of detail that only a patent lawyer or an insomniac could appreciate. Among the many embodiments and variations ","cbCairsJO53leZfi","https://ap.wps.com/l/cbCairsJO53leZfi","pdf",105019,"English","# Double patenting overview\n## Claims and continuation applications\n## Types of double patenting\n### Statutory double patenting\n### Obviousness-type double patenting\n# Example: mechanical clock continuation claims","[{\"question\":\"What is the core idea behind double patenting?\",\"answer\":\"Double patenting prevents an inventor from circumventing the limited life of a patent by obtaining multiple patents for the same invention or obvious variations. If two patents cover the same invention (or an obvious variant), at least one may be invalid.\"},{\"question\":\"How do patent claims relate to double patenting?\",\"answer\":\"In patent law, an invention is defined by patent claims. Double patenting focuses on whether claims in different patents cover the same invention (or obvious variants), not on multiple claims within one patent.\"},{\"question\":\"What is the difference between statutory and obviousness-type double patenting?\",\"answer\":\"Statutory double patenting bars two patents with effectively identical claims and is tied to 35 U.S.C. § 101. Obviousness-type double patenting bars a claim that is obvious over a claim in another patent, based on case-law doctrine, and is meant to prevent extending a first patent’s life and to protect third parties.\"}]","AN INTRO TO DOUBLE PATENTING - Banner & Witcoff Intellectual Property Update | PDF"]