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In the Federal Circuit’s recent 2-1 decision In re Hubbell, the court clarified the scope of the doctrine of obviousness-type double patenting as it applies to applications and patents that have overlapping inventors, but are not commonly owned. The court’s decision provides a clear ruling on the subject of double patenting in cases of no common ownership, and cautions assignees to monitor inventorship of assigned patents and to stay aware of any future inventions of scientists who have changed institutions.

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