obviousness-type double patenting : CAFC Alert

CAFC says reissued patent can’t sail into safe harbor

Linda Shapiro | July 8, 2015

G.D. Searle LLC et al. v. Lupin Pharmaceuticals, Inc., et al.

June 23, 2015

Before: Prost, Bryson, and Hughes. Opinion by Bryson

Summary
The CAFC strictly construes the “safe harbor” provision of 35 USC § 121 and casts doubt on whether there are any circumstances in which reissue can be used to correct failure to file a divisional application.


Read More/続きを読む

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.


Read More/続きを読む

Subscribe | 登録

Archives

Categories

词典 / 辞書 / 사전
  • dictionary
  • dictionary
  • 英語から日本語

Double click on any word on the page or type a word:

Powered by dictionarist.com