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Expert Analysis

Ensuring Section 121 Safe Harbor Applies To Patent

By Jay Lessler (January 31, 2018, 12:19 PM EST) -- The last few days of a patent are often its most valuable. Maximizing patent term is therefore a chief goal for many patent applicants. The need to file a terminal disclaimer in order to obviate obviousness-type double patenting, however, may result in a shortened patent term. This is especially a concern in the post-Gilead world, where a later-issued patent can be used as a double patenting reference against an earlier-issued patent.[1]...

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