What is double-patenting in the context of patent examination?

Double patenting refers to the situation where an applicant seeks to obtain two patents for the same invention or for inventions that are not patentably distinct from one another. This typically occurs when a second application is filed for a modification or improvement of an invention already claimed in an earlier application. If the claims in the second application are not sufficiently different to be considered a separate invention, the second patent could be rejected based on the principle of double patenting.

The concept is centered around preventing an applicant from extending the term of patent exclusivity by essentially claiming the same invention under different patents. The United States Patent and Trademark Office (USPTO) seeks to avoid situations where one applicant holds multiple patents that would prevent others from building upon the same technological foundation.

The other options represent different scenarios that do not fall under the same definition. For instance, claiming different inventions in different applications is a normal practice in patent filing and does not constitute double patenting. Filing multiple applications for the same patent suggests a lack of understanding of patent filing protocols, while obtaining patents in different jurisdictions for the same invention involves international patent strategies which, while related to patent rights, do not pertain to the technicality of double patenting as defined under U.S. patent law.