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Courtenay C. Brinckerhoff

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Indexed articles, last 90 days
1
Latest publication
Sep 14, 2026
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Sep 14, 2026

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  1. Article · Sep 14, 2026 · Courtenay C. Brinckerhoff

    Will The Federal Circuit Limit Obviousness-Type Double Patenting To Term Extension Scenarios? (opens the original)

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    The doctrine of obviousness-type double patenting (“OTDP”) is one of the most complicated aspects of U.S. patent law, but the U.S. Court of Appeals for the Federal Circuit soon will have an opportunity to limit when OTDP can arise. Will it take this opportunity to simplify U.S. patent law, streamline examination, and further incentivize follow-on innovation? Under current USPTO guidance set forth in MPEP § 804, OTDP is grounded in public policy that has two aims: “to prevent the unjustified exte

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