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Double patenting

Index Double patenting

Double patenting is the granting of two patents for a single invention, to the same proprietor and in the same country or countries. [1]

19 relations: Appeal procedure before the European Patent Office, Australian patent law, Comptroller, Continuing patent application, Divisional patent application, European Patent Convention, G 1/05 and G 1/06, Grant procedure before the European Patent Office, Invention, IPKat, Managing Intellectual Property, Obiter dictum, Official Journal of the European Patent Office, Opposition procedure before the European Patent Office, Patent claim, Priority right, Term of patent in the United States, United Kingdom, Unity of invention.

Appeal procedure before the European Patent Office

The European Patent Convention (EPC), the multilateral treaty instituting the legal system according to which European patents are granted, contains provisions allowing a party to appeal a decision issued by a first instance department of the European Patent Office (EPO).

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Australian patent law

Australian patent law is law governing the granting of a temporary monopoly on the use of an invention, in exchange for the publication and free use of the invention after a certain time.

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Comptroller

A comptroller is a management level position responsible for supervising the quality of accounting and financial reporting of an organization.

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Continuing patent application

Under United States patent law, a continuing patent application is a patent application that follows, and claims priority to, an earlier-filed patent application.

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Divisional patent application

A divisional patent application (sometimes referred to as a divisional application or simply a divisional) is a type of patent application which contains matter from a previously filed application (the so-called parent application).

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European Patent Convention

The European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973, is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted.

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G 1/05 and G 1/06

G 1/05 and G 1/06 are decisions of the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) that were issued on 28 June 2007 and answer questions relating to divisional applications under the European Patent Convention (EPC).

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Grant procedure before the European Patent Office

The grant procedure before the European Patent Office (EPO) is an ex parte, administrative procedure, which includes the filing of a European patent application, the examination of formalities, the establishment of a search report, the publication of the application, its substantive examination, and the grant of a patent, or the refusal of the application, in accordance with the legal provisions of the European Patent Convention (EPC).

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Invention

An invention is a unique or novel device, method, composition or process.

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IPKat

IPKat is a law blog founded in June 2003, and dedicated to intellectual property law (IP) with a focus on European law.

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Managing Intellectual Property

Managing Intellectual Property (MIP) is a monthly magazine published in English and specializes in intellectual property.

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Obiter dictum

Obiter dictum (usually used in the plural, obiter dicta) is Latin phrase meaning "by the way", that is, a remark in a judgment that is "said in passing".

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Official Journal of the European Patent Office

The Official Journal of the European Patent Office (OJ EPO) is a monthly trilingual publication of the European Patent Office (EPO).

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Opposition procedure before the European Patent Office

The opposition procedure before the European Patent Office (EPO) is a post-grant, contentious, inter partes, administrative procedure intended to allow any European patent to be centrally opposed.

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Patent claim

In a patent or patent application, the claims define, in technical terms, the extent, i.e. the scope, of the protection conferred by a patent, or the protection sought in a patent application.

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Priority right

In patent, industrial design rights and trademark laws, a priority right or right of priority is a time-limited right, triggered by the first filing of an application for a patent, an industrial design or a trademark respectively.

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Term of patent in the United States

In the United States, under current patent law, the term of patent, provided that maintenance fees are paid on time, is 20 years from the filing date of the earliest U.S. or international (PCT) application to which priority is claimed (excluding provisional applications).

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United Kingdom

The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain,Usage is mixed with some organisations, including the and preferring to use Britain as shorthand for Great Britain is a sovereign country in western Europe.

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Unity of invention

In most patent laws, unity of invention is a formal administrative requirement that must be met by a patent application to become a granted patent.

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References

[1] https://en.wikipedia.org/wiki/Double_patenting

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