Legal Definitions - statutory double-patenting rejection

A statutory double-patenting rejection is a finding by a patent examiner that a patent application is unpatentable because it covers the same invention as an already-patented invention by the same inventor. This type of rejection is based on 35 USCA § 101.

For example, if an inventor applies for a patent on a new type of phone charger, but they already have a patent on a similar phone charger, the patent examiner may issue a statutory double-patenting rejection.

This type of rejection is meant to prevent inventors from obtaining multiple patents on the same invention, which would give them an unfair advantage over competitors and stifle innovation.