United States:
Don't Get Caught Double Patenting! (Podcast)
To print this article, all you need is to be registered or login on Mondaq.com.
In this episode of the EXCLUSIVE RIGHTS: Intellectual
Property podcast, Mintz patent attorneys Lily Zhang and Alex Trimble, PhD, discuss double patenting, a
complicated and sometimes confounding area of patent law. They
break it down in layman's terms even a non-patent attorney can
understand. They highlight the risks of, and ways to avoid being
hit by, double patenting rejections – and how to overcome
them if they arise.
Among other topics, Lily and Alex discuss:
- The two kinds of double patenting – same invention and
obviousness-type double patenting (ODP)
- Common scenarios in which ODP arises
- Using terminal disclaimers for overcoming ODP rejections
- The legal ramifications of using terminal disclaimers
- When terminal disclaimers are the right option
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
POPULAR ARTICLES ON: Intellectual Property from United States
Breaking Down The EPO's Revised Practice Guidelines
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The guidelines for examination in the European Patent Office instruct on the practice and procedure related to the examination of European patent applications...
USPTO Embraces AI Tools In New Guidance
Crowell & Moring LLP
On April 11, 2024, the USPTO published its "Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the United States" in the Federal Register (the "Guidance"). As the title suggests...
USPTO Issues Guidance On Use Of AI-Based Tools
Greenberg Traurig, LLP
On April 11, 2024, the U.S. Patent and Trademark Office (USPTO) issued Guidance on Use of Artificial-Intelligence-Based Tools (Guidance), which applies existing rules and policies...