West Virginia College of Law professor S. Sean Tu recently published a new opinion piece in JAMA. The article, titled "Extent of Drug Patents With Terminal Disclaimers and Obviousness-Type Double Patenting Rejections," is co-authored by Professor Tu with Aaron S. Kesselheim, MD, JD, MPH, of the Program on Regulation, Therapeutics, and Law at Brigham and Women’s Hospital and Bernard Chao, JD of the University of Denver Sturm College of Law. It was published online by the journal on August 12, 2024.
The article discusses patent holders' responses to "obviousness-type double patenting rejections," the use of terminal disclaimers, and the impact on large portfolios of secondary patents or "patent thickets."
Find more of Professor Tu's scholarship on SSRN.