Exclusive Rights: Intellectual Property - Don’t Get Caught Double Patenting!

In this episode of the EXCLUSIVE RIGHTS: Intellectual Property podcast, Mintz patent attorneys Lily Zhang and Alex Trimble, PhD, discuss double patenting, a complicated and sometimes confounding area of patent law. They break it down in layman’s terms even a non-patent attorney can understand. They highlight the risks of, and ways to avoid being hit by, double patenting rejections – and how to overcome them if they arise. Among other topics, Lily and Alex discuss: • The two kinds of double patenting – same invention and obviousness-type double patenting (ODP) • Common scenarios in which ODP arises • Using terminal disclaimers for overcoming ODP rejections • The legal ramifications of using terminal disclaimers • When terminal disclaimers are the right option