Obviousness-type double patenting (“OTDP”) arises when two or more patents or applications include claims that, while not being identical, are not patentably distinct from each other. In the U.S., ...
In re Janssen Biotech, Inc., No. 2017-1257, 2018 U.S. App. LEXIS 1640 (Fed. Cir. Jan. 23, 2018) (Before Prost, C.J., Reyna, and Wallach, J.) (Opinion for the court ...
“There can be no debate that ODP rejections of patent applications stem from a judicially-created doctrine not found in the patent statutes. As such, relatively recent Supreme Court decisions support ...
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