En Banc Denied in In re Cellect: Double Patenting and Patent Term Adjustment
by Dennis Crouch The Federal Circuit has denied Cellect’s en banc petition on the interplay between obviousness-type-double-patenting and patent-term-adjustment. The situation here is creating some strategic challenges for patentees with large patent families. The vast majority of obviousness-type double-patenting rejections arise in family-member cases — continuation applications where the USPTO examiner identifies the claims in … Continue reading En Banc Denied in In re Cellect: Double Patenting and Patent Term Adjustment
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