In a pivotal development impacting patent term adjustments (PTAs), the Federal Circuit recently ruled that PTAs, as per 35 USC § 154, are not protected from obviousness-type double patenting (OTDP). This came into effect during the ‘In re Cellect’ case where possible interactions between a parent and child patent prompted the decision.
The ruling essentially indicates that OTDP overlaps have the capacity to impact relevant parties in instances where a patent carries the standard 20-year term. It’s an intriguing development that carries notable implications for legal professionals who frequently deal with patent rights and their applications. This ruling also presents a contrast to previous Federal Circuit verdicts which maintained that Patent Term Extension (PTE) under 35 USC § 156 is protected from OTDP.
While PTEs have historically been shielded from OTDP, the recent ruling, in shifting focus to PTAs, effectively initiates a different trajectory regarding how patent terms are analyzed. Specifically, it opens up the possibility for legal professionals to navigate patent applications more effectively by reconsidering their strategies to protect PTAs from OTDP.
For further understanding and to delve deeper into the intricacies of the ruling, please visit the complete case analysis on JD Supra, penned by Foley & Lardner LLP.