Obviousness-Type Double Patenting Can Apply Without Common Ownership

In <i>In re Hubbell</i>, the Federal Circuit held that obviousness-type double patenting applies when conflicting patent applications share common inventors, even if they lack common ownership. That is, complete identity of inventors or common ownership is not required for the Patent Office to impose an obviousness-type double patenting rejection.

10 minute read March 29, 2013 at 01:57 PM
By
Irah H. Donner And Matthew Siegal
Obviousness-Type Double Patenting Can Apply Without Common Ownership

In In re Hubbell, 2013 WL 828475 (Fed. Cir. 2013), the Federal Circuit held that obviousness-type double patenting applies when conflicting patent applications share common inventors, even if they lack common ownership.

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