common assignees : CAFC Alert

Problems That May Arise When Inventor Changes Employment: Obviousness-type Double Patenting

Stephen G. Adrian | March 13, 2013

In Re Jeffery Hubbell

March 7, 2013

Panel:  Newman, O’Malley and Wallach.  Opinion by O’Malley.  Dissent by Newman.

Summary

Most patent practitioners would not be worried about an issued patent having a much later filing date than the application they are prosecuting. However, this case illustrates that such a patent can ultimately bar their application from issuing due to the doctrine of obviousness-type double patenting.


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