Q: How can you patent the same idea twice?..Pat # 6687991....and Pat # 4083105 expired
Legal precedences?
A: Without looking up the actual patents you cited, more facts are needed to answer this question, such as whether the two patents have a common inventor, a common assignee, or the same inventive entity. Also, one can apply for what's called a "divisional application," which is a later application for an independent or distinct invention, carved out of a pending "parent application" and disclosing and claiming only subject matter disclosed in the earlier parent application. It may be possible that the two patents you cited resulted from two divisional applications from the same parent application. There is a doctrine of double patenting which seeks to prevent the unjustified extension of patent exclusivity beyond the term of a patent. Double patenting results when the right granted by a first patent is unjustly extended by the grant of a later issued patent or patents. A double patenting issue may arise between two or more pending applications, between one or more pending applications and a patent, or in a reexamination proceeding between the patent claims being reexamined and the claims of one or more applications and/or patents. While considering the factors I mentioned above, the question to ask is whether the same invention is being claimed twice. 35 U.S.C. 101 prevents two patents from issuing on the same invention.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
