Takeda Pharmaceutical Corp. v Doll

Developments up to second-filed application relevant to show no double patenting

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The Federal Circuit has clarified the relevant timeframe for purposes of determining whether two claimed inventions are patentably distinct or would result in impermissible double patenting. The court held "the relevant time frame for determining whether a product and process are 'patentably distinct' should be at the filing date of the secondary application."

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Published In: Intellectual Property Updates

Reference Info:Federal, Federal Circuit, Patent | United States