How does common ownership affect rejections under pre-AIA 35 U.S.C. 102(e)/103?
Common ownership can have a significant impact on rejections under pre-AIA 35 U.S.C. 102(e)/103. According to MPEP 715.01(b):
Where, however, a rejection is applied under pre-AIA 35 U.S.C. 102(f)/103 or pre-AIA 35 U.S.C. 102(g)/103, or, in an application filed on or after November 29, 1999, under pre-AIA 35 U.S.C. 102(e)/103 using the reference, a showing that the invention was commonly owned, or subject to an obligation of assignment to the same person, at the time the later invention was made would preclude such a rejection or be sufficient to overcome such a rejection.
This means that if an applicant can demonstrate common ownership or an obligation of assignment at the time of invention, they may be able to overcome or prevent certain types of rejections based on prior art references.
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