The Federal Circuit's decision in Cellect v. Vidal raises concerns about the intersection of Patent Term Adjustment and the doctrine of obviousness-type double patenting, potentially leading to invalidation of later-expiring patents.
The U.S. Government's brief argues that the obviousness-type double patenting (ODP) doctrine is an established element of patent law, akin to patent eligibility, underscoring its historic significance.
By emphasizing that PTA adjustments do not extend a patent beyond its terminal disclaimer expiration date, the government highlights the intent of Congress to maintain ODP as a significant policy.
Cellect's case questions whether good faith patents can be invalidated due to statutory adjustments and raises the stakes on how courts interpret ODP in relation to PTA.
#patent-law #obviousness-type-double-patenting #patent-term-adjustment #cellect-v-vidal #us-government-brief
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