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Double Patenting
Dual filing (utility model and invention)
restricted
– The same invention may only be granted one
patent at any given time
– Unclear whether restriction applies to
obviousness-type double patenting or
genus/species claims
©2009 Foley & Lardner LLP
Double Patenting (cont.)
However, applicant may still file application
for both a utility model and invention patent
on the same day
– Utility model patents are only subject to a
formality examination, and typically issue earlier
– Invention patent may later be granted if applicant
declares intention to abandon previously granted
utility model patent
– Filing on different days will destroy novelty of
later-filed application
©2009 Foley & Lardner LLP
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