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    Jul

    How Far Can, And Should, USPTO Rulemaking Proceed in Addressing Issues of Double Patenting? [CC]

    4 PM EDT

    The webinar will explore proposals for reforming OTDP law based upon USPTO rulemaking efforts, including the recent proposal of by the Office that "terminal disclaimers" should include a disclaimer of the right to enforce a "double patent" tied through a terminal disclaimer to a patent that has an claim invalidated for lack of novelty or obviousness.

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      07/10/2027

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      07/10/2025

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      07/10/2027

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    "OTDP" or obviousness-type double patenting law has grown on scope and complexity since 1994, notwithstanding that the 20-year patent term has de facto eliminated the traditional judicial justification for invalidating a second-issued patent with a separate 17-year patent term. Even though the "unjustified timewise extension" of patent rights underpinning ODTP law has all but evaporated, substantial patent examination resources continue to be devoted to examining for ODTP, even in circumstances where the patents involved are in the same patent family, have the same owner, and share a common expiration date.

    The webinar will explore proposals for reforming OTDP law based upon USPTO rulemaking efforts, including the recent proposal of by the Office that "terminal disclaimers" should include a disclaimer of the right to enforce a "double patent" tied through a terminal disclaimer to a patent that has an claim invalidated for lack of novelty or obviousness. The webinar will also explore an alternative to this type of disclaimer that would impose a res judicata rule to limit enforcement of "double patents," by treating the claims of each of the double patents as though only a single patent had issued containing all the claims of the separate patents. Lastly, the webinar will explore the disclaimers of term in double patenting and what the USPTO might be able to do through rulemaking.

    Event Details

    Duration

    90

    Format

    Webinar

    Date

    Jul 11, 2024

    2024-07-11T16:00:00-04:00 2024-07-11T17:30:00-04:00 How Far Can, And Should, USPTO Rulemaking Proceed in Addressing Issues of Double Patenting? [CC]

    The webinar will explore proposals for reforming OTDP law based upon USPTO rulemaking efforts, including the recent proposal of by the Office that "terminal disclaimers" should include a disclaimer of the right to enforce a "double patent" tied through a terminal disclaimer to a patent that has an claim invalidated for lack of novelty or obviousness.

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    MCLE Information

    The ABA will seek 1.50 general CLE credit hours in 60-minute states, and 1.80 general CLE credit hours in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.

    View - MCLE Details

    Deaf/Hard of Hearing Attendees

    CART (Communication Access Realtime Translation) service provides instant accessibility for the deaf and hard of hearing by delivering the spoken word as a realtime stream of text. CART service for this program is firewall-friendly and works in almost any network environment with Internet access, and is compatible with all major web browsers.

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