Double patenting

Cross-referenced

Terminal disclaimer

A document filed with the USPTO in which a patent applicant agrees that the term of a patent will end no later than the expiration of an earlier related patent. Terminal disclaimers are commonly required to overcome an "obviousness-type double patenting" rejection — which occurs when two related patents claim inventions that aren't patentably distinct from each other.

Cross-referenced

Inventor

The person (or persons) who conceived the claimed invention. Inventorship is a legal concept distinct from contribution to a project — someone who merely built what was designed, or who had a general idea that was made more specific by someone else, may not qualify as an inventor. Incorrectly listing inventors can invalidate a patent.

Cross-referenced

Obviousness

A grounds for rejection under 35 USC § 103 when an invention, while not identical to any single prior art reference, would have been obvious to a person having ordinary skill in the art at the time of invention. Examiners frequently combine two or more prior art references to make an obviousness rejection. It is the single most common rejection in patent prosecution.

Declaratory judgment

A lawsuit in which a company that fears being sued for infringement asks a court to rule first — typically that it does not infringe, or that the patent is invalid. It lets an accused party control the timing and forum instead of waiting to be sued.

Dependent claim

A claim that refers back to and further limits another claim. For example: "The device of claim 1, wherein the housing is made of aluminum." If the claim it depends on is invalid, the dependent claim also falls. Dependent claims provide narrower protection but serve as fallbacks — if broader independent claims are invalidated, narrower dependent claims may survive.

Design patent

A patent covering the ornamental appearance of a functional object — its shape, configuration, or visual design — not how it works. Design patents last 15 years from grant. They are faster and less expensive to obtain than utility patents. Apple's US D618,677 patent on the iPhone's rounded-rectangle shape is a famous example; it was central to over $1 billion in damages against Samsung.