Posts Tagged: double patenting


Pinning False Blame of Lack of Enablement In Issued Patents On the USPTO

Last week, the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet, held an oversight hearing on the U.S. Patent and Trademark Office (USPTO) with …
By Ron Katznelson, Ph.D.
3 months ago 20

CAFC Refuses to Find Post-URAA Patent to be Invalidating Reference Against Pre-URAA Patent

The Federal Circuit recently reversed a decision by the United States District Court for the District of Delaware holding that a patent filed after the Uruguay Round …

Federal Circuit Upholds Patent Term Extension for Novartis Drug

The United States Court of Appeals for the Federal Circuit recently affirmed a district court decision finding the '229 patent valid, unexpired, enforceable, and infringed, and granting …

Expectation of Success – How Much is Reasonably Needed for Obviousness

How much is needed to reasonably prove obviousness? In UCB, the majority found UCB, Inc.’s asserted claim nonobvious under non-statutory double patenting.  The dissent, however, found …

USAA Asserts Mobile Check Deposit Patents Against Wells Fargo

USAA alleges that Wells Fargo Mobile Deposit remote deposit capture system, which was released years after either of USAA’s remote deposit services were first offered, infringe …
By Steve Brachmann
1 year ago 4

Patent Cannot Retroactively Be Filed As Divisional Application to Avoid Obviousness-Type Double Patenting

To fall within the safe-harbor protection against obviousness-type double patenting, a patent application must be properly designated as a divisional application before the patent issues. Attempts to …

Obviousness-Type Double Patenting Considerations

Obviousness-type double patenting (“ODP”) is a judicially created doctrine aimed at preventing patent owners from extending patent protection beyond the statutorily afforded term. Prior to the Uruguay …
By Aaron Reinhardt
2 years ago 1

News & Notes for September 2013

Clouding IP Faces Inter Partes Review at the USPTO. ***** Goodlatte's Second "Discussion Draft" of Patent Reform Legislation. ***** IPO White Paper Calls for Update to Patent Examination System. ***** …
By Gene Quinn
6 years ago 0

America Invents: The Unintended Consequences of Patent Reform

Notwithstanding the inherent unreliability of legislative history and the truly scary prospect of trying to get inside the head of Members of Congress, it seems fairly clear …
By Gene Quinn
8 years ago 18

Divisional of Divisional Reaches Safe Harbor of 35 U.S.C § 121

Some may recall my “dissertation” on the case of Amgen Inc. v. F. Hoffman-La Roche Ltd. See CAFC: A Divisional By Any Other Name Is Not a …
By Eric Guttag
10 years ago 2

PLI Update: Pharmaceutical and Biotech Patent Law

In this release, the authors (Kaye Scholer LLP’s Patent Group) update and expand Pharmaceutical and Biotech Patent Law with new discussion of many topics, including double …
By PLI Publications
10 years ago 1

CAFC: A Divisional By Any Other Name Is Not a Divisional

The Federal Circuit, in Amgen Inc. v. F. Hoffman-La Roche Ltd, has made it clear that you had better characterize an application as a “divisional” if you …
By Eric Guttag
10 years ago 3