#obviousness-type-double-patenting

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fromPatently-O
1 month ago

Obviousness-Type Double Patenting: Challenging the Allergan First-Issued Safe Harbor

Obviousness-type double patenting (ODP) is a judicially-created doctrine with shifting justifications that has evolved over more than 150 years. Originally designed to prevent patent owners from extending exclusivity beyond the term of an original patent by obtaining subsequent patents for obvious variations of the same invention, see Miller v. Eagle Manufacturing Co., 151 U.S. 186 (1894), the doctrine's rationale has morphed significantly over time.
Intellectual property law
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