How does common ownership affect prior art rejections?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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: If the prior art exception under 35 U.S.C. 102(b)(2)(C) is properly invoked, the excepted subject matter disclosed in the commonly owned or joint research agreement reference is not available as prior art under 35 U.S.C. 102(a)(2) for both anticipation and obviousness rejections.