In an article published in The National Law Review on July 31, 2025, Patent Agent Jordyn Grawe and Principal Leanne Rakers discussed how new legal advancements have shifted Obviousness-Type Double Patenting (ODP) applications extended through Patent Term Adjustments or Patent Term Extensions.

Grawe and Rakers explain a recent case and the aftermath, “After the In re Cellect decision, ODP applies regardless of intent or good faith and must be assessed based on the actual expiration date, which includes any PTA.”

They outlined tips for patent owners to plan strategically, specifying, “Claim drafting should anticipate potential ODP concerns. This includes minimizing overlapping claim scope with related applications and proactively distinguishing claims to demonstrate patentable distinctiveness. Applicants can also file new applications claiming results of clinical trials, possibly allowing them to argue separate patentability (even over issued species claims).”

To read the full article online, click here.