Broadcast Date: Wednesday, July 15, 2020
from 12:00 pm to 1:30 pm (ET)


In the U.S. and Canada, courts have designed the doctrine of obviousness-type double patenting (ODP) to prevent inventors from gaining an unjust extension of their patent rights by obtaining patent on the obvious variants of an invention. By rejecting and invalidating ODP, courts prevent the manipulation of issue dates and patent rights by patentees. For years, the scope and applicability of this judicially created doctrine have been continuously shaped by emerging court rulings. In the U.S., two of the sweeping decisions recently issued were Novartis AG v. Ezra Ventures LLC and Novartis Pharmaceuticals Corp. v. Breckenridge Pharmaceutical Inc. In Canada, double patenting practice continues to diverge from U.S. practice, and the differences can have a significant impact on patent strategy.

Patent practitioners should be in the know of the recent court rulings and significant issues surrounding ODP rejections to better handle potential patent risk issues for their clients.

In this LIVE Webcast, patent experts Jennifer Ledwell (Marks & Clerk Canada) and Andrew Radsch (Ropes & Gray LLP) will provide the audience with an in-depth analysis of the ever-changing ODP landscape. They will examine the implications of the recent court decisions and other ODP updates and will offer insights on how to best protect their client’s patent rights.

Key topics include:

  • Implications of ODP Law
  • Double Patenting – Recent Developments
  • Traps and Pitfalls
  • Patent Drafting and Prosecution – Best Practices
  • Effective Litigation Strategies


Course Level: Intermediate

Advance Preparation: Print and review course materials

Method of Presentation: On-demand Webcast (CLE)

Prerequisite: General knowledge of patent laws

Course Code: 148736

NY Category of CLE Credit: Areas of Professional Practice

Total Credits: 1.5 CLE

Speaker Panel:

Andrew Radsch, Partner
Ropes & Gray LLP

Jennifer Ledwell, PhD, Managing Associate
Marks & Clerk


SEGMENT 1: Andrew RadschPartner Ropes & Gray LLP

  • What is ODP and where did it come from?
  • What are the leading/important cases?
  • Recent developments
  • Open questions/unresolved issues with respect to ODP
  • Strategies for litigation
    • How to do a proper ODP analysis (e.g., what materials can you refer to)
    • Timing of when to press the defense
    • Ability to terminally disclaim to cure issue
    • Tips for claim construction and depositions

SEGMENT 2: Jennifer Ledwell, PhDManaging Associate Marks & Clerk

  • ODP practice in Canada – how and why it differs from US practice
  • Judicial origins and legal principles of ODP in Canada
  • How the doctrine is applied: Key decisions of the Court
  • Prosecution strategies for avoiding double patenting
    • Unity of invention: what it is and how to use it
    • Claiming all aspects of your invention – tips and procedures
    • How to handle double patenting objections during prosecution
    • Divisional applications


Download Course Materials

Who Should Attend:

  • IP Attorneys & Consultants
  • Patent Attorneys
  • Patent Consultants
  • IP Counsel
  • Patent Agents


Andrew RadschPartner
Ropes & Gray LLP
Jennifer Ledwell, PhDManaging Associate
Marks & Clerk



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