The Federal Circuit’s In re Cellect ruling has significant implications for patent portfolios, emphasizing the need for careful planning to avoid obviousness-type double patenting (OTDP) that could compromise statutory term and patent validity. Particularly, patents with patent term extension (PTE) may face increased risk, as reference patents in the same family might have already expired during the PTE period, rendering claims incurably invalid if not addressed promptly.
What should practitioners and in-house counsel be doing right now?
Join me Wednesday, January 10th for a free CLE webinar discussing what is at risk, what should be done immediately, and what to consider going forward. Register (here)