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USPTO Reconsiders Obviousness-Type Double Patenting and Proposes a New Examination Framework

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On August 6, 2026, the U.S. Patent and Trademark Office (USPTO) Appeals Review Panel (ARP) issued a precedential decision in Ex...

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On August 6, 2026, the U.S. Patent and Trademark Office (USPTO) Appeals Review Panel (ARP) issued a precedential decision in Ex parte Baurin, Appeal No. 2024-002920 (ARP Aug. 6, 2026), that both preserves broad obviousness-type double patenting (OTDP) exposure under current law and points toward a potentially narrower, more predictable approach in the future.Read the <a href="https://lifesciences.mofo.com/topics/uspto-reconsiders-obviousness-type-double-patenting-and-proposes-a-new-examination-framework" target="_blank">full blog post</a>.

USPTO Reconsiders Obviousness-Type Double Patenting and Proposes a New Examination Framework

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Karen Potter, Ph.D., J.D., is a nationally recognized patent attorney and leader of Morrison Foerster’s Cell and Gene Therapy Patent practice in San Diego, California. With over 20 years of experience in life sciences intellectual property law, Karen specializes in patent strategy, prosecution, and portfolio management for biotechnology and pharmaceutical companies worldwide.Karen’s technical background in cellular and molecular biology and immunology uniquely positions her as a trusted advisor for innovators in:<ul><li>Cell and gene therapies (including T cell, Natural Killer cell, stem cell, gene-based, and epigenetic therapies)</li><li>Immunotherapies (antibody and protein-based therapies)</li><li>Virus and vaccine therapies</li><li>Companion diagnostics and diagnostic assays</li><li>Protein therapeutics and bioassays</li></ul>Karen leads and mentors a multidisciplinary team of patent attorneys, agents, and scientific analysts, delivering strategic and comprehensive intellectual property services. Her practice includes:<ul><li>U.S. and international patent preparation and prosecution</li><li>Patent portfolio development and management</li><li>Patentability and freedom-to-operate analyses</li><li>Patent term extension strategies</li><li>Due diligence for investors and M&A transactions</li><li>Strategic counseling for startups, emerging, and established life sciences companies</li></ul>Karen is widely recognized for her ability to deliver pragmatic, creative patent solutions tailored to the unique needs of life sciences clients. She has been honored by publications for her leadership and innovative approach in biotechnology patent law.Before her legal career, Karen completed postdoctoral research at the La Jolla Institute for Allergy and Immunology and earned her Ph.D. in cellular and molecular biology from Duke University. Her scientific research has been published in leading peer-reviewed journals and presented at national conferences.

Karen Potter

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Dr. Laura Westergard focuses her practice on domestic and international patent drafting, prosecution, and strategic counseling in the areas of life sciences, biotechnology, and pharmaceuticals.Prior to joining Morrison Foerster, Laura was a managing associate in the Intellectual Property group at a global law firm. Laura has research experience in the fields of biochemistry, cell and molecular biology, and neuroscience. She was awarded a National Institutes of Health Post-Doctoral Infectious Disease fellowship to investigate the role of protein misfolding in neurodegenerative disease.