When does the AIA 35 U.S.C. 102(b)(2)(C) exception not remove a U.S. patent document as prior art?

The AIA 35 U.S.C. 102(b)(2)(C) exception does not always remove a U.S. patent document as prior art. According to MPEP 2154.02(c):

“The AIA 35 U.S.C. 102(b)(2)(C) exception does not apply to a disclosure that qualifies as prior art under AIA 35 U.S.C. 102(a)(1) (disclosures made before the effective filing date of the claimed invention). Thus, if the publication date or issue date of a U.S. patent document is before the effective filing date of the claimed invention, it may be prior art under AIA 35 U.S.C. 102(a)(1), regardless of common ownership or the existence of an obligation to assign.”

Additionally, even if the exception applies, the U.S. patent document may still be used for other purposes:

• As the basis for a double patenting rejection
• To indicate the state of the art for a lack of enablement rejection under 35 U.S.C. 112(a)

To learn more:

• AIA
• prior art
• exceptions
• 35 U.S.C. 102(b)(2)(C)
• common ownership
• limitations