Q: Hello what is the difference between these two patents, USA105167343 and USA105072852?

The contents and inventors of these two are the same. Can we register the same patent under two different names? Also, what is the status of these two patents, application or granted patent? Thank you.

1 Lawyer Answer
Kevin E. Flynn
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Kevin E. Flynn
Answered
  • Patents Lawyer
  • Pittsboro, NC

A: First, it is not uncommon for one patent application that covers different inventions or different aspects of the same invention to end up being published multiple times as the applicant seeks different clusters of claims covering different claim scope. This happens all the time. I go out of my way to use different titles for the different applications but many patent attorneys do not.

Frequently, the applicant filed several clusters of claims in one application and the patent examiner forced the applicant to drop some of the claim clusters from the first application as the patent examiner felt it would be too much work to look at different claim clusters. The result is known as a divisional application which takes some of the claims that were divided out of an earlier application. The most common fact pattern is that the examiner won't examine a device like a hammer and the method of using the hammer to drive in a nail or to pull out a nail using the claw portion of the hammer.

https://portal.uspto.gov/pair/PublicPair is the URL to look into the records of the United States Patent and Trademark Office to see what is happening with a patent application. You can use the publication numbers to get to see every document submitted by the applicant or sent out by the patent office (excluding some submitted prior art material).

If you found this answer helpful, you may want to look at my answers to other questions about patent law are available at the bottom of my profile page at https://lawyers.justia.com/lawyer/kevin-e-flynn-880338

Kevin E Flynn

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