Ways To Avoid Obviousness - Type Double Patenting
نویسندگان
چکیده
Law360, New York (May 13, 2016, 12:15 PM ET) -Obviousness-type double patenting (ODP) is a judicially created doctrine intended to prevent an improper timewise extension of patent rights by prohibiting the issuance to a single entity of claims in a second patent which are not "patentably distinct" from the claims of a first patent.[1] Claims are not patentably distinct from each other if one claim is anticipated or obvious in view of another claim in a separate patent.[2] ODP is a ground for invalidating the claims of a patent and is an affirmative defense against patent infringement.[3] Additionally, ODP often arises during patent prosecution.[4]
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