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EXCLUSIVE RIGHTS: Intellectual Property — Don’t Get Caught Double Patenting!

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

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Authors

Lily Zhang

Member

Lily Zhang is an IP attorney who handles patent prosecution matters for Mintz clients. Lily has experience in 3G and 4G wireless technologies, RFID, electronic payment systems, data security, NQR/NMR, and social media. Before joining Mintz, she worked as a patent attorney at a business law firm.
Alexander R. Trimble, PhD, is a Mintz Member and patent attorney who provides pharmaceutical companies with strategic legal and business advice. Alex evaluates matters related to patentability and freedom-to-operate issues.