Obviousness-Type Double Patenting and Divisional Applications in Canada
By EsqSocial Corporation 24/03/21
Obviousness-type double patenting (“OTDP”) arises when two or more patents or applications include claims that, while not being identical, are not patentably distinct from each other. In the U.S., OTDP rejections can be overcome by filing a terminal disclaimer that limits the term of the rejected application to be no greater than the term of the disclaimed patent. In Canada, however, terminal disclaimers are not available to overcome OTDP rejections. To overcome an OTDP rejection in Canada,...
By: Mintz - Intellectual Property Viewpoints