The U.S. Patent and Trademark Office (USPTO) has responded to attempts by the full Federal Circuit to reassess a panel decision. At the heart of the matter is the assertion that patents may be invalidated for double patenting if they expire on different dates due to delays at the patent office. The USPTO advocates the stance that this is nothing more than a “textbook” application of double patenting jurisprudence.
Double patenting in essence prevents an inventor from gaining unlawful advantage or monopoly by obtaining multiple patents for the same invention. These patents would typically expire at different times, thereby unnecessarily prolonging exclusivity. The panel decision is currently under scrutiny, sparking efforts toward its reconsideration within the full Federal Circuit.
The position of the USPTO, however, paints this as a standard application of legal principles concerning double patenting. Further information on the unfolding legal battle and the full articulation of arguments presented can be found at this Law360 article.