1 November 2013Patents
On solid ground: double patenting safe harbour applies to election of species
In a decision rendered on September 11, 2013, the US Court of Appeals for the Federal Circuit reversed the district court’s ruling that claims in a first sibling patent (Janzen patent) were protected under the safe-harbour provision of 35 USC §121 from invalidity due to double patenting over claims in a related second sibling patent.
