What is considered “commonly owned” under pre-AIA 35 U.S.C. 103(c)?

According to the MPEP, The term “commonly owned” means wholly owned by the same person(s) or organization(s) at the time the invention was made. This definition is crucial for determining whether certain prior art can be disqualified under pre-AIA 35 U.S.C. 103(c). It’s important to note that the common ownership must exist at the time of invention, not at a later date.

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Topics: MPEP 2100 - Patentability, MPEP 2146 - Pre - Aia 35 U.S.C. 103(C), Patent Law, Patent Procedure
Tags: common ownership, pre-aia 35 u.s.c. 103(c), Prior Art Disqualification