Legal Definitions - obviousness-type double-patenting rejection

Obviousness-type double-patenting rejection is a finding by a patent examiner that a patent application is unpatentable because it is an obvious variation of another patented invention by the same inventor. This is a type of judicially created double-patenting rejection.

An example of an obviousness-type double-patenting rejection would be if an inventor applied for a patent on a new type of phone case that was slightly different from a phone case they had already patented. The patent examiner could reject the new application because the invention is not substantially different from the previous patent.

Another example would be if an inventor applied for a patent on a new type of chair that was very similar to a chair they had already patented. The patent examiner could reject the new application because the invention is an obvious variation of the previous patent.

These examples illustrate how an inventor cannot simply make minor changes to an existing invention and expect to receive a new patent. The invention must be substantially different and not obvious to someone skilled in the field.