Harmonizing patent rights:: upholding fair competition through the doctrine of ODP in global innovation landscapes

Harmonizing patent rights:: upholding fair competition through the doctrine of ODP in global innovation landscapes

Journal article

1 online resource

The double patenting, or Obviousness type double patenting (ODP), doctrine is a judicial doctrine intended to discourage impermissible patent term extensions and collateral attacks likely to result in multiple infringement suits brought by different assignees. ODP may not be a statutory construct, but its jurisprudence is well-regarded throughout the US and other major jurisdictions. The article critically analyzes the implications of ODP in the US, UK, Australia and India and its overall impact on global patent harmonization. It uses comparative legal analysis to investigate how ODP is understood and used in other jurisdictions and the way this balances patent exclusivity with fair competition. The study focuses on legal precedents, public policy implications, and harmonization challenges of ODP regulations. The results imply that ODP implicitly works to optimize patent terms in a way that keeps innovation competitive and accessible. This research adds to the ongoing conversation around patent law harmonization and the balance between the need to protect inventors’ interests and promoting a competitive, innovation-oriented marketplace.

Crossref

European Intellectual Property Review, 0142-0461 ; E.I.P.R. 2025, 47(10), 624-632

[New York, NY] : Thomson Reuters, 2025.

English

https://1.next.westlaw.com/Copyright

External Online Journals > European Intellectual Property Review