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.
AIA 35 U.S.C. 102(b)(2)(C) provides an important exception to prior art for commonly owned inventions. The MPEP 717 states:
AIA 35 U.S.C. 102(b)(2)(C) provides that disclosures shall not be prior art under AIA 35 U.S.C. 102(a)(2) if the subject matter disclosed and the claimed invention, not later than the effective filing date of the claimed invention, were owned by the same person or subject to an obligation of assignment to the same person.
This exception is crucial for companies and organizations that may have multiple related inventions. It prevents a company’s own earlier-filed patent applications from being used as prior art against its later applications, as long as common ownership is established by the effective filing date of the later application. This provision encourages continued innovation within organizations by allowing them to build upon their own work without fear of self-imposed prior art obstacles.