Tuesday, November 17, 2009

Obviousness - type double patenting

Of a comment on 17 Nov 09 to the post Double-patenting "does in" Boehringer's Mirapex [27 June 08], obviousness-type double-patenting is a judicially-created doctrine to keep a patentee from getting additional patent lifetime out of an
"obvious" variation of something already patented.

Depending on how one defines things, this is not something which is "illegal." The patent person files a terminal disclaimer.

The issue of a provisional obviousness-type double-patenting rejection arose in Schatten's stem cell patent application, 12/141,626, in the final rejection of 28 Oct. 09. A terminal disclaimer would resolve the matter. [Of the application, see
Of jellyfish, Schatten, and SCNT ]

**Separately, of NCIS and the mimeograph machine on 17 Nov 09, what about the stencil? (from wikipedia: The stencil duplicator or mimeograph machine (often abbreviated to mimeo) is a low-cost printing press that works by forcing ink through a stencil onto paper.) The "copy" is made from a stencil, not from a piece of paper with an image. That would be obvious to a person who has used a mimeograph machine.

On the NCIS episode, from forums:

God, yes. I really hated the characterization of Gibbs, here. He's not *that* old, and there's no way in hell I buy that anyone who does the job he does would welcome having to do it the hard way all over again. It's one thing for him to enjoy the pain of his junior colleagues, who have never done the job the way Gibbs had to back in the day, but even he was using computers way back yonder in 1991. I wrote my master's thesis in 1990 on an actual PC, which admittedly had a floppy disk drive, but it was still a freakin' computer. So, for me, they just went too far with that concept -- if they'd left it at him knowing things like how to use the mimeograph machine without power, though, that would have been fine.


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