Posts Tagged: obviousness type double patenting


Damage to Our Patent System by Failure to Honor the U.S. Legal Framework: Double Patenting

As the summer winds down, it is time again to focus on how to fix the U.S. patent system. In June, the Senate Judiciary’s IP …
By Sherry Knowles
7 months ago 10

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 …

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
3 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
7 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

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
11 years ago 3