Obviousness-Type Double Patenting Challenges – A Year in Review

Obviousness-type double patenting rejections and invalidity challenges continue to occupy the minds of both patent prosecutors and litigators, especially in the pharmaceutical space. This year saw a number of Federal Circuit decisions, as well as proposed rules from the United States Patent and Trademark Office, related to obviousness-type double patenting and terminal disclaimers. The Federal Circuit’s In re Cellect and Allergan v. MSN decisions provided additional clarity in 2024 that will help portfolio builders navigate the shoals of obviousness-type double patenting.

Watch the On Demand recording, in which John Covert and Marsha Rose Gillentine summarized the state of the law and provided a recap of this year’s decisions and the proposed rules. They also offered considerations for existing patent portfolios and actions to take in drafting, filing, and prosecuting U.S. applications to, as best as possible, mitigate obviousness-type double patenting issues.

Note: CLE will be able for live attendees only.