What is common ownership under pre-AIA 35 U.S.C. 103(c)?
Common ownership under pre-AIA 35 U.S.C. 103(c) means that the subject matter which would otherwise qualify as prior art under pre-AIA 35 U.S.C. 102(e), (f), or (g) and the claimed invention must be entirely or wholly owned by, or under an obligation to assign to, the same person(s) or organization(s)/business entity(ies) at the time the…
Read MoreHow does common ownership affect patent examination under pre-AIA 35 U.S.C. 103(c)?
Common ownership plays a crucial role in patent examination under pre-AIA 35 U.S.C. 103(c). The MPEP provides guidance on this: “Applications and patents will be considered to be owned by, or subject to an obligation of assignment to, the same person, at the time the invention was made, if the applicant(s) or patent owner(s) make(s)…
Read MoreWhat is the burden of establishing disqualification under pre-AIA 35 U.S.C. 103(c)?
The burden of establishing that subject matter is disqualified as prior art under pre-AIA 35 U.S.C. 103(c) lies with the applicant. The MPEP states: “The burden of establishing that subject matter is disqualified as prior art is placed on applicant once the examiner has established a prima facie case of obviousness based on the subject…
Read MoreWhat is the CREATE Act and how does it affect patent applications?
The Cooperative Research and Technology Enhancement (CREATE) Act, enacted in 2004, amended pre-AIA 35 U.S.C. 103(c) to allow disqualification of certain prior art in obviousness rejections if the claimed invention resulted from a joint research agreement. It affects how prior art is treated in certain situations involving collaborations between different entities. The MPEP explains: The…
Read MoreHow does common ownership affect prior art rejections?
Common ownership can affect prior art rejections by potentially disqualifying certain references as prior art under 35 U.S.C. 102(b)(2)(C) or pre-AIA 35 U.S.C. 103(c). If the subject matter disclosed and the claimed invention were commonly owned at the relevant time, the disclosure may not be used as prior art for certain rejections. The MPEP states:…
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