JD Supra

Obviousness-Type Double Patenting

35 U.S.C. § 101 precludes a patentee from obtaining more than one patent on the same invention. Courts have extended this prohibition “to preclude a second patent on an invention which ‘would have ...
IPWatchdog

The Case Law on Obviousness-Type Double Patenting: How We Got Here and a Proposal for Change (Part II)

“The law on ODP after Cellect is unpredictable and retroactively penalizes patent owners who have prosecuted child applications in good faith.” In Part I of this two-part article, we reviewed the ...
IPWatchdog

Let’s Do Something About the Unauthorized Doctrine of Non-Statutory Judicially Created Obviousness-Type Double Patenting

“Let’s end the fallacy that obviousness-type double patenting by an assignee is authorized by U.S. statutes, or that Congress prescribed its antidote. We are witnessing what happens when a substantive ...
JD Supra

Obviousness-Type Double Patenting is Alive and Well

In a recent decision, the Court of Appeals for the Federal Circuit (“CAFC”) resolved district court splits regarding obviousness-type double patenting (“ODP”) by holding that ODP is still a valid ...