When can you definitely not receive a double patenting rejection?

Double patenting rejections occur when two or more patents owned by the same entity cover an identical invention or similar inventions that would not be considered patentably distinct from each other. Specifically focusing on the correct response regarding when you cannot receive a double patenting rejection: submitting applications together and then later splitting them would not activate a double patenting rejection.

In a scenario where applications are submitted together and later divided, the considerations of double patenting do not apply because these applications are treated as a single unit during the examination process. Since they originated from the same application and are assessed contemporaneously, there's no basis for a double patenting concern. Therefore, it is understood that an application split from another that was examined together cannot trigger this type of rejection.

In contrast, sharing the same inventor can lead to complexities around double patenting; similarly, if different inventions are claimed, it may still be possible to encounter a rejection depending on how the uniqueness of those inventions is evaluated. Lastly, even if there's no outstanding rejection at a specific point in time, that alone does not eliminate the possibility of receiving a double patenting rejection in the future if other conditions are met. Hence, the characteristics of how applications were filed and processed are key in determining the potential for double