Since its introduction in 2023, the pro-patent community has broadly supported what the draft Patent Eligibility Restoration Act (PERA) said. However, a potentially monumental, unrelated rider seems to have crept in on the last page of the 2025 version…. Why did the U.S. Senate Judiciary Committee’s Subcommittee on IP feel the need to slip in a rider on the judicially created non-statutory doctrine of obviousness-type double patenting (judicially created ODP) in a bill directed to patent eligibility?
The post Does the 2025 Version of PERA Indirectly Sanction Judicially Created, Non-Statutory ODP? appeared first on IPWatchdog.com | Patents & Intellectual Property Law.
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