Copending Patent Law and Legal Definition

Copending patent refers to a patent whose application is prosecuted at or near the same time as another, similar patent. A copending patent can affect another patent’s validity if it discloses the same or some part of the invention which, combined with other prior art, results in anticipation usually when the copending patent is issued before the affected patent. A copending patent shall be shown as an unpatentable improvement on another copending patent's invention.