U.S. Patent and Trademark Office Director John Squires recently convened the rarely used Appeals Review Panel to examine whether the Patent Trial and Appeal Board correctly approved Sanofi’s patent application following an obviousness-type double patenting (OTDP) dispute.
The review centers on Ex parte Baurin, a case involving antibody-like binding proteins and raising questions about how OTDP should apply when patent term adjustments and differing filing dates complicate expiration timelines. The PTAB previously sided with Sanofi, but subsequent decisions have created uncertainty across panels.
Law360 interviewed Finnegan partner Aaron Capron, who noted the inconsistency in recent PTAB decisions and the significance of the director’s intervention. Aaron noted that the board has already issued at least one decision diverging from Baurin, observing that the panel in Ex parte Baumeister took a different view of OTDP when effective filing dates and expiration dates do not align.
He said, "It seemed like there had been a divide at how to interpret it. Clarifying that divide is likely one of the reasons why the ARP was signaled, and it's going to be pursued."
Read Top Patent Officials to Review Sanofi's Double Patenting Win
