BIO Files Amicus Brief Supporting Supreme Court Review of “Double Patenting” Doctrine and its Role in Patent Term Adjustments
BIO filed an amicus brief supporting Supreme Court review of a recurring question about the common-law “double patenting” doctrine and its interplay with the statutory adjustment of the patent term due to patent examination delays in the USPTO. The brief argues that current jurisprudence creates traps for patent applicants and penalizes owners of related patents that have different expiration dates solely due to USPTO inefficiencies. The Patent Act’s explicit provisions governing the calculation of patent term should have precedence over the judge-made nonstatutory double patenting doctrine.
Previously, BIO filed two amicus briefs in the U.S. court of Appeals for the Federal Circuit regarding this case. To review these two briefs, please refer to the Related Resources section.