USPTO Reaffirms Broad Double Patenting Doctrine

The USPTO Appeals Review Panel reaffirmed that obviousness-type double patenting (OTDP) applies even without term extension, based on anti-harassment rationale. The panel also narrowed Allergan, limiting its protective effect against OTDP rejections in routine prosecution, impacting universities and startups relying on sequential patenting. A proposed framework for reform awaits Federal Circuit guidance.