【美專】Avoiding a Double Patenting Rejection

Avoiding a Double Patenting Rejection: "Avoiding a Double Patenting Rejection"

Disclaiming each one of the conflicting double patenting references is necessary to avoid the problem of dual ownership of patents to patentably indistinct inventions in the event that the patent issuing from the application being examined ceases to be commonly owned with any one of the double patenting references that have issued or may issue as a patent. Note that 37 CFR 1.321(c)(3) requires that a terminal disclaimer "[i]nclude a provision that any patent granted on that application or any patent subject to the reexamination proceeding shall be enforceable only for and during such period that said patent is commonly owned with the application or patent which formed the basis for the rejection."

如果該等相關的申請案，不再同時被common­ly own的時候它是unenforceable的。