“The law on ODP after Cellect is unpredictable and retroactively penalizes patent owners who have prosecuted child applications in good faith.” In Part I of this two-part article, we reviewed the ...

Unity of invention and double patenting law and practice in Canada can create challenges for patent applicants. For example, applicants may not expect a unity of invention objection to be raised, ...

"'In re Cellect' and the USPTO’s proposed rule have the potential to fundamentally affect patent practice, particularly in the realm of terminal disclaimers filed to overcome ODP rejections," write ...

In today’s evolving patent landscape, understanding obviousness-type double patenting (ODP) is critical to securing and maintaining strong intellectual property rights. The Federal Circuit’s evolving ...

Obvious-type double patenting (ODP) has historically served as a tool to prevent patent owners from extending exclusivity beyond the statutory allowed patent term and to tie patent families together ...