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Category: "double patenting"

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Understanding Patent Restriction Requirements

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For many patent applicants, the first communication they receive from the United States Patent and Trademark Office (USPTO) is not a “yes” or a “no” on their invention. It is, rather, a pick-one....

Fed Circuit Watch: Later-Filed, Earlier-Expiring Patent Not Appropriate as Obviousness-Type Double Patenting Reference

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An interesting case which revolved around the interplay between differing patent terms, patent term extension under 35 U.S.C. §156, and obviousness-type double patenting was decided on December 7,...

Fed Circuit Watch: Gaming of Patent System Cannot Save Patent from Invalidation on Double Patenting Grounds

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On January 23, 2018, the United States Court of Appeals for the Federal Circuit handed down In re Janssen Biotech, Inc., which dealt with the specific issue of the double patenting safe harbor under...

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