Federal Circuit Provides Guidance on What Claims Can Properly Serve As Obviousness-Type Double Patenting References
In a precedential decision issued on August 13, 2024, the U.S. Court of Appeals for the Federal Circuit held that a first-filed, first-issued, later-expiring claim cannot be invalidated by a later-filed, later-issued, earlier-expiring reference claim having a common priority date.1 Obviousness-Type Double Patenting Obviousness-type double patenting (ODP) is a judicially created doctrine dating back to
