What is the significance of the “as of the effective filing date” phrase in Pre-AIA 35 U.S.C. 103(c)?
What is the significance of the “as of the effective filing date” phrase in Pre-AIA 35 U.S.C. 103(c)?
The phrase “as of the effective filing date” in Pre-AIA 35 U.S.C. 103(c) is crucial for determining the applicability of the common ownership or joint research agreement exception. According to MPEP 2146.02:
“The phrase ‘as of the effective filing date’ is important. If common ownership or a joint research agreement exists at the time the later invention is made, but not at the effective filing date of the claimed invention, Pre-AIA 35 U.S.C. 103(c) does not apply.”
This means that the common ownership or joint research agreement must be in place at the time of the effective filing date of the claimed invention for the exception to apply. Inventors and applicants should be aware of this timing requirement when considering the applicability of Pre-AIA 35 U.S.C. 103(c) to their inventions.
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