Families of patents could face more double-patenting challenges

Description

Abstract: Can a patentee extend a patent term for the same invention by claiming a second patent for claims that aren’t “patentably distinct”? This is known as obviousness-type double patenting (ODP). This article reviews a decision that recently resolved a long-standing question about the interplay between ODP challenges and patent term adjustments (PTAs) granted by the U.S. Patent and Trademark Office (USPTO) because of delays in patent processing. A brief sidebar highlights the court’s dismissal of the patentee’s equitable arguments against an ODP rejection. In re Cellect, LLC, No. 22-1293 (Fed. Cir. Aug. 28, 2023).