USPTO Designates Precedential OTDP Decision

The United States Patent and Trademark Office has designated an Appeals Review Panel decision addressing obviousness-type double patenting as precedential. The ruling, issued August 6, 2026, reversed a Patent Trial and Appeal Board decision and reinstated an examiner's rejection.

The decision in Ex parte Baurin provides guidance on OTDP examination practices. Director John Squires, Chief Judge Kalyan Deshpande, and Acting Deputy Chief Judge Michelle Ankenbrand participated in the panel.

This precedential designation clarifies standards for patent applicants facing OTDP rejections. The full decision is available on the USPTO website.

Sources: https://www.uspto.gov/patents/ptab/decisions/precedential-opinions/uspto-designates-precedential-appeals-review-panel https://ipwatchdog.com/2026/08/07/bites-barks-eleventh-circuit-says-keyword-bidding-isnt-trademark-infringement-and-buc-ee/