In this decision, an Appeals Review Panel (ARP) of Director John A. Squires, Chief Judge Kalyan Deshpande, and Acting Deputy Chief Judge Michelle Ankenbrand reversed a Patent Trial and Appeal Board (PTAB) decision and reinstated the examiner’s rejection of claims for obviousness-type double patenting (OTDP). The ARP explained the statutory, precedential, and supporting commercial rationales underlying OTDP and determined that the Federal Circuit has recognized an anti-harassment rationale as a legitimate policy justification underpinning the OTDP doctrine, even absent evidence that patent issuance would extend the duration of an applicant’s patent monopoly. The ARP, nonetheless, questioned whether a standalone anti-harassment rationale risks harming innovation and should be ultimately reconsidered by the court. The ARP also proposed a future framework designed to streamline and make more predictable the Office’s handling of OTDP.

This webinar will provide an overview of the main changes expected in the new edition of the Design Guidelines that enter into force on 1 July 2026, most of them resulting from the second phase of the Design Legislative Reform.