Obviousness-Type Double Patenting Considerations
Obviousness-type double patenting is a judicially created doctrine aimed at preventing patent owners from extending patent protection beyond the statutorily afforded term. Prior to the Uruguay Round Agreements Act of 1994, which changed the term for a U.S. patent from 17 years from patent issuance to 20 years from the earliest (nonprovisional) filing date, patent applicants could theoretically extend their patent term without end.
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