How does the AIA affect the treatment of common ownership in patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Applications Subject to FITF Provisions MPEP 2154 Common Ownership Can Overcome Prior Art Rejection MPEP 715.01(b) Affidavit Required for Common Assignee Inventions MPEP 715.01(b) Affidavits for AIA First Inventor to File MPEP 715.01(b) Requirement for Common Assignee Between Reference and Application MPEP 715.01(b) Types of Patent Documents as Prior Art Under AIA 102(a)(2) MPEP 2154 Affidavits Under 37 CFR 1.131(c) MPEP 715.01(b) Affidavit Required for Commonly Owned Patents MPEP 715.01(b) Common Assignee Does Not Derive Rights by Common Ownership MPEP 715.01(b) Dynamic Drinkware Does Not Apply to AIA 35 U.S.C. 102(d) MPEP 2136.03 Other Related FAQs 5 FAQs Collapse What is the applicability of MPEP 715.01(b) to AIA applications? What are the requirements for filing an affidavit or declaration under 37 CFR 1.131(a)? Wha...