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