Double Trouble: Unraveling the Double Patenting Paradox

Associate Bree Vculek moderated the panel discussion “Double Trouble: Unraveling the Double Patenting Paradox” hosted by the American Bar Association-Intellectual Property Law Section.

The webinar offered a detailed examination of the Federal Circuit’s 2023 In re Cellect decision, and its consequences on efforts to build portfolios of patents. The panel discussed the origins and development of obviousness-type double patenting (OTDP) law, where the courts may direct its future course, and how clients might be best advised given the possibility for future, unexpected developments in the law. The panel also discussed possible strategies for both innovators and implementers to optimize patent procurement practices designed to protect patent-dependent business investments.