MPEP Q&A 239: Can a patent owner avoid double patenting by disclaiming the earlier patent? - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006
from 2021-12-21T15:15:58
Question: Can a patent owner avoid double patenting by disclaiming the earlier patent? Answer: “[A] patent owner cannot avoid double patenting by disclaiming the earlier patent.” Chapter Details: The answer to this question can be found in chapter 800 of the MPEP. This chapter covers Restrictions in Applications Filed Under35 U.S.C. 111; Double Patenting. The answer is from the 9th Edition, Revision 10.2019. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions. Section Summary: This question and answer comes from section 804.02 of the MPEP. The following…
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