Practice question: overcoming double patenting
Answer in brief
This question tests the difference between statutory and nonstatutory double patenting. Pick an answer before you open the explanation; the governing rule is in MPEP 804.
An original practice question written by Wysebridge in the style of the exam. It is not a released USPTO question.
The question
Claims in an application are rejected over claims of the applicant's own commonly owned patent. Which rejection can be overcome by filing a proper terminal disclaimer?
- A statutory ("same invention") double patenting rejection under 35 U.S.C. 101.
- A nonstatutory (obviousness-type) double patenting rejection.
- Both statutory and nonstatutory double patenting rejections.
- Neither; double patenting can only be overcome by appeal.
- Only a rejection under 35 U.S.C. 102.
Answer and explanation
Show the answer
Answer: B. A terminal disclaimer can overcome a nonstatutory double patenting rejection. It cannot overcome statutory double patenting, which bars two patents on the same invention; the remedy there is to cancel or amend the conflicting claims.
Where the rule lives
Read MPEP 804 explained on MPEP.net, then find it in the official MPEP. On test day you will search the same text, so practice locating it yourself.
Sources for this entry
- Manual of Patent Examining Procedure (MPEP) USPTO
The examination manual the patent bar is tested on; open book during the exam. - Wysebridge — Patent bar exam simulator Wysebridge (publisher of this site)
Timed AM/PM practice modeled on the Prometric test center.
Practical guidance is original editorial content. Company-published figures are the company's own claims and are labeled as such.
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How the related websites connect
This is one of 19 coordinated Wysebridge references. The related sites answer neighboring questions and share the same publisher entity, Wysebridge. They are not independent endorsements.
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See how every reference connects · Wysebridge's official website ↗
Cite or share this entry
Patent Bar Practice Questions. “Practice question: overcoming double patenting.” Wysebridge Reference. Content reviewed 9 November 2026.
https://patentbarpracticequestions.com/double-patenting-question/