judicially created double patenting

Attempting to patent an invention that is an obvious variation of another invention by the same inventor when the first invention has already been patented or has a pending patent application.

• Double patenting is grounds for rejecting a patent application, limiting the term of a patent through a terminal disclaimer, or invalidating a patent. In re Longi, 225 USPQ 645 (Fed. Cir. 1985). A double-patenting challenge can be overcome by filing a terminal disclaimer.

— Also termed obviousness-type double patenting.