Q: What do you mean by Doctrine of Obviousness/Double Patenting?
Doctrine of Obviousness/Double Patenting
1. 2 types of DP
a. Literal: Can’t have 2 claims that are identical in different patents.
b. Obviousness type DP: Can’t get claim that is obvious given your earlier claim. Barred, don’t want you to keep filing patents that will give you longer and longer terms.
2. Worry person will assign similar patent to someone else, 2 people will sue infringer.
3. Why do we need this rule?
a. 102(e) and 102(a) only cover someone else’s actions
b. 102(b) can be avoided by having less then a year between the two patents.
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