How is common ownership defined for the purposes of 35 U.S.C. 102(b)(2)(C)?

Question

Accepted Answer

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. Common ownership, as defined for the purposes of 35 U.S.C. 102(b)(2)(C) , refers to the complete ownership of both the subject matter that would otherwise be prior art and the claimed invention by the same person(s) or organization(s). The MPEP states: The term ‘commonly owned’ is intended to mean that the subject matter that would otherwise be prior art to the claimed invention and the claimed invention are entirely or wholly owned by, or under an obligation to assign to, the same person(s) or organization(s)/business entity(ies). It’s important to note that common ownership requires 100% ownership of both the subject matter and the claimed invention. Partial ownership does not qualify for this exception. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Types of Patent Documents as Prior Art Under AIA 102(a)(2) MPEP 2154 Requirement for Applications Subject to FITF Provisions MPEP 2154 Abandoned Patent Application Becomes Prior Art Only When Disclosed MPEP 2127 Prior Art Effect for Patent Application Publications MPEP 2139.02 Canceled Matter as Prior Art MPEP 2127 Requirement for Inserting Prior Art Patent Number MPEP 1504.03 Canceled Matter Cannot Be Used as Prior Art Under AIA 102(a)(2) MPEP 2127 Prohibited International and U.S. Patent Publications as Prior Art MPEP 2139.02 Common Inventors Do Not Establish Prior Art Under AIA 102(a)(2) MPEP 2136.04 Determine Reference’s Prior Art Date Using AIPA for U.S. Patents MPEP 1504.02 Other Related FAQs 5 FAQs Collapse Does the inclusion of prior application information on a patent indicate the claims are entitled to the earlier filing date? What is the relationship between 37 CFR 1.131(c) and the first inventor to fi...