“Potentially Poisonous Patents”

AUTM Insight, an industry and advocacy newsletter for the tech transfer community, published a guest column by our partner and patent attorney Sandip Patel. Sandip explores a recent Court of Appeals for the Federal Circuit decision to uphold a U.S. Patent and Trademark Office decision related to the doctrine of obviousness type double patenting (ODP).

“Understanding this complicated case is critical for patent owners, particularly universities relying on patents for licensing revenue, as it affects related patents expiring on different dates due to patent term adjustments (PTA),” Sandip explains.

The case is In re Cellect, LLC.

“For university tech transfer officials, the implications of Cellect require a thorough review of patent portfolios, particularly for licensed patents that received PTA,” he continues. “More strategic filing and prosecution will be paramount to maximize patent term while also mitigating invalidation risks due to ODP. The complexity of balancing PTA benefits against ODP risks requires more conscientious planning and comprehension of complex legal advice to navigate the post-Cellect patent landscape effectively.”

The complete article "Potentially Poisonous Patents" written by Sandip Patel is available on AUTM’s website.