How does common ownership affect prior art under AIA 35 U.S.C. 102(b)(2)(C)?

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 disqualify certain disclosures as prior art under the AIA. Specifically, 35 U.S.C. 102(b)(2)(C) provides an exception for commonly owned subject matter. The MPEP states:

35 U.S.C. 102(b)(2)(C) provides that a disclosure made in a U.S. patent, U.S. patent application publication, or WIPO published application shall not be prior art to a claimed invention under 35 U.S.C. 102(a)(2) if, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were owned by the same person or subject to an obligation of assignment to the same person.

This exception applies when:

• The disclosure is in a U.S. patent, U.S. patent application publication, or WIPO published application.
• The subject matter disclosed and the claimed invention were commonly owned or subject to an obligation of assignment to the same entity no later than the effective filing date of the claimed invention.

This provision allows companies and research institutions to develop related technologies without their own work becoming prior art against them, promoting collaborative innovation.