How does the AIA affect the treatment of common ownership in patent applications?
The America Invents Act (AIA) has significantly changed how common ownership is treated in patent applications. While MPEP 715.01(b) primarily deals with pre-AIA law, it provides guidance on the transition:
For applications subject to current 35 U.S.C. 102, see MPEP § 2154.02(c).
This reference to MPEP § 2154.02(c) indicates that for AIA applications, different rules apply regarding common ownership. Key differences include:
- The focus shifts from the time of invention to the effective filing date
- The concept of ‘joint research agreement’ is expanded
- There are new provisions for overcoming rejections based on common ownership
It’s crucial for inventors and patent professionals to understand these changes and how they affect the examination process for applications filed under the AIA.
To learn more: