#obviousness-type-double-patenting tag

Professors Push Back in Review of PTAB Rehearing Decision on ODP

The CAFC supports ODP rejections when the reference patent has a later priority and filing date than the application under examination.

Intellectual property law

fromIPWatchdog.com | Patents & Intellectual Property Law

4 weeks ago

Amicus, Sanofi Urge USPTO Appeals Panel to Uphold Ex Parte Baurin's Approach to ODP Analysis

Judges have consistently ruled on obviousness-type double patenting, emphasizing the need for clarity in term extension evaluations.

Intellectual property law

fromIPWatchdog.com | Patents & Intellectual Property Law

1 month ago

Squires Orders Appeals Panel to Review PTAB Rehearing Decision Reversing ODP Rejections

The PTAB reversed ODP rejections because the reference patent was later-filed and later-expiring, establishing that proper ODP references must meet specific temporal requirements regardless of common ownership concerns.

Intellectual property law

fromIPWatchdog.com | Patents & Intellectual Property Law

6 months ago

Does the 2025 Version of PERA Indirectly Sanction Judicially Created, Non-Statutory ODP?

A rider preserves the judicially-created obviousness-type double patenting doctrine in a patent eligibility bill, creating legal and procedural concerns.

fromPatently-O

8 months 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

#obviousness-type-double-patenting#obviousness-type-double-patenting

Professors Push Back in Review of PTAB Rehearing Decision on ODP

Amicus, Sanofi Urge USPTO Appeals Panel to Uphold Ex Parte Baurin's Approach to ODP Analysis

Squires Orders Appeals Panel to Review PTAB Rehearing Decision Reversing ODP Rejections

Does the 2025 Version of PERA Indirectly Sanction Judicially Created, Non-Statutory ODP?

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

#obviousness-type-double-patenting
#obviousness-type-double-patenting