Patents > Search Colections > MPEP > 806.04(i) Generic Claims Presented ** After Issue of Species [R-3] - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting

Go to MPEP - Table of Contents

browse before

806.04(i) Generic Claims Presented ** After Issue of Species [R-3] - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting

806.04(i) Generic Claims Presented ** After Issue of Species [R-3]

**>If a generic claim is< presented ** after the issuance of a **>patent claiming one or more species within the scope of the generic claim<, the Office may reject the generic *>claim< on the grounds of obviousness-type double patenting >when the patent and application have at least once common inventor and/or are either (1) commonly assigned/owned or (2) non-commonly assigned/owned but subject to a joint research agreement as set forth in 35 U.S.C. 103(c)(2) and (3). See MPEP § 804.< Applicant may overcome such a rejection by filing a terminal disclaimer. See >In re Goodman, 11 F.3d 1046, 1053, 29 USPQ2d 2010, 2016 (Fed. Cir. 1993);< In re Braithwaite, 379 F.2d 594, 154 USPQ 29 (CCPA 1967).

browse after

KEY: =online business system =fees =forms=help =laws/regulations =definition (glossary) The Inventors Assistance Center is available to help you on patent matters.Send questions about USPTO programs and services to the USPTO Contact Center (UCC). You can suggest USPTO webpages or material you would like featured on this section by E-mail to the webmaster@uspto.gov. While we cannot promise to accommodate all requests, your suggestions will be considered and may lead to other improvements on the website.

Go to MPEP - Table of Contents