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Red Flag Warning: Patent Stakeholders Beware Shifting Double Patenting and Terminal Disclaimer Practice

Contains material from Jan 2025
Red Flag Warning: Patent Stakeholders Beware Shifting Double Patenting and Terminal Disclaimer Practice
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Both the courts and the USPTO are under pressure to address perceived problems with non-statutory obviousness-type double patenting rejections and terminal disclaimer practice. Let’s navigate the shifting sands of patent practice in view of the Federal Circuit’s wave-making obviousness-type double patenting decision last summer in In re: Cellect, LLC and the USPTO’s recent tsunami of a proposed rule that would upend current terminal disclaimer practice in response to obviousness-type double patenting rejections.

Includes: Video Audio Slides

  • Total Credit Hours:
  • 0.50
  • Credit Info
  • TX, CA
  • TX MCLE credit expires: 1/31/2026

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1. Red Flag Warning: Patent Stakeholders Beware Shifting Double Patenting and Terminal Disclaimer Practice (Jan 2025)

Sarah D. Eddy

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29 mins
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29 mins
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Session 1 —29 mins 0.50
Red Flag Warning: Patent Stakeholders Beware Shifting Double Patenting and Terminal Disclaimer Practice (Jan 2025)

Both the courts and the USPTO are under pressure to address perceived problems with non-statutory obviousness-type double patenting rejections and terminal disclaimer practice. Let’s navigate the shifting sands of patent practice in view of the Federal Circuit’s wave-making obviousness-type double patenting decision last summer in In re: Cellect, LLC and the USPTO’s recent tsunami of a proposed rule that would upend current terminal disclaimer practice in response to obviousness-type double patenting rejections.

Originally presented: Nov 2024 Advanced Patent Law Institute

Sarah D. Eddy, Ph.D., Norton Rose Fulbright US LLP - Austin, TX