Similar to other jurisdictions, a patent in Canada is granted for one invention only. Accordingly, in instances where multiple inventions are claimed in a single application, it may be necessary to ...
Unity of invention and double patenting law and practice in Canada can create challenges for patent applicants. For example, applicants may not expect a unity of invention objection to be raised, ...
An examination of the Federal Circuit’s decision in In re Cellect, LLC, which held that patents awarded patent term adjustment (PTA) under 35 U.S.C. § 154(b) can be invalidated under the doctrine of ...
“The law on ODP after Cellect is unpredictable and retroactively penalizes patent owners who have prosecuted child applications in good faith.” In Part I of this two-part article, we reviewed the ...
In today’s evolving patent landscape, understanding obviousness-type double patenting (ODP) is critical to securing and maintaining strong intellectual property rights. The Federal Circuit’s evolving ...
"'In re Cellect' and the USPTO’s proposed rule have the potential to fundamentally affect patent practice, particularly in the realm of terminal disclaimers filed to overcome ODP rejections," write ...
Hwa-Kyun Lee and Youngmin Park of FirstLaw explain the country’s strict divisional filing system, the risks of double patenting, and recent legislative changes shaping how applicants pursue related ...
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