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ARTICLE · 25 AUGUST 2022

Justices Could Prompt A Seismic Shift In Double Patenting

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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A recent petition for certiorari challenges the constitutionality of the judicially created condition for patentability of nonstatutory double patenting, or obviousness-type double...

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Adriana Burgy
Adriana Burgy
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A recent petition for certiorari challenges the constitutionality of the judicially created condition for patentability of nonstatutory double patenting, or obviousness-type double patenting - also known as OTDP.

All eyes are on SawStop Holding LLC v. U.S. Patent and Trademark Office, slated for the U.S. Supreme Court's Sept. 28 conference, because a high court move to grant certiorari could signal a seismic shift in OTDP. The government waived its right to a response on Aug. 1.

A maker and seller of table saws used in woodworking machinery, SawStop Holding LLC applied for a patent directed to an improved safety feature in its saw technology.1

Its claims were directed to a band saw with certain structural features and detection circuitry that triggers the saw to stop or retract its blade when a user accidentally makes contact with it to prevent or mitigate injury.

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