Double Trouble: Mastering Double Patenting Rejections

Double patenting rejections can derail your client’s patent strategy. Read this practice note to learn about statutory and non-statutory double patenting rejections, how to identify them, and strategic response options to overcome or avoid them. Get expert insights into key distinctions, from terminal disclaimers to restriction practice under 35 U.S.C. § 121, and discover how to protect your clients' innovations from unnecessary rejections.

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• Double Patenting Rejection Checklist
  Use this detailed checklist to guide your responses to both statutory and non-statutory double patenting rejections. It offers practical steps for identifying applicable doctrines, crafting effective arguments, and determining when to file a terminal disclaimer—all backed by relevant USPTO guidance and caselaw.

• Patent Term Extension, Double Patenting, and URAA Considerations
  Explore how patent term extension (PTE) and the Uruguay Round Agreements Act (URAA) affect the enforceability and expiration of patents when faced with obviousness-type double patenting (ODP) risks. This practice note explains key Federal Circuit rulings and offers strategic insights for navigating the intersection of PTE, ODP, and terminal disclaimers.

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