The extension of optical lithography to 22nm and beyond by Double Patterning Technology is often challenged by CDU and overlay control. With reduced overlay measurement error budgets in the sub-nm range, relying on traditional Total Measurement Uncertainty (TMU) estimates alone is no longer sufficient. In this paper we will report scatterometry overlay measurements data from a set of twelve test wafers, using four different target designs. The TMU of these measurements is under 0.4nm, within the process control requirements for the 22nm node. Comparing the measurement differences between DBO targets (using empirical and model based analysis) and with image-based overlay data indicates the presence of systematic and random measurement errors that exceeds the TMU estimate.© (2010) COPYRIGHT SPIE--The International Society for Optical Engineering. Downloading of the abstract is permitted for personal use only.