What is the effective filing date for prior art exceptions under 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. The effective filing date for prior art exceptions under 35 U.S.C. 102(b)(2)(C) is crucial for determining the applicability of the exception. According to MPEP 717.02(a) : “The effective filing date of a claimed invention is determined on a claim-by-claim basis and not an application-by-application basis.” This means that different claims within the same application may have different effective filing dates. It’s important to consider the specific subject matter of each claim when determining the applicable date for the prior art exception. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Effective Filing Date for Prior Art MPEP 2151 Exceptions to Prior Art under 35 U.S.C. 102(b)(2) MPEP 717 JRA Not Basis for Prior Art Exception MPEP 717.02(a) Effective Filing for Prior Art Determination MPEP 2151 Effective Filing Date for Obvious Variant MPEP 717.02(a) Exceptions to Prior Art Under 35 U.S.C. 102(b)(1) MPEP 717 Effective Filing Date for Obvious Variant MPEP 717.02(a) Commonly Owned Subject Matter for Prior Art Rejection MPEP 717.02(a) Permitted Exceptions to Prior Art under 35 U.S.C. 102(b)(1) and (b)(2) MPEP 717 Sufficient to Invoke Prior Art Exception for Common Ownership MPEP 717.02(a) Other Related FAQs 5 FAQs Collapse What are the requirements for invoking the prior art exception under 35 U.S.C. 102(b)(2)(C)? How does a joint research agreement affect prior art exceptions under 35 U.S.C. 102(b)(2)(C)? How does the prior art exception under 35 U.S.C. 102(b)(2)(C) affect PCT applications? Can the prior art exception under 35 U.S.C. 102(b)(2)(C) be applied retroactively? How can an applicant show common ownership to invoke the prior art exception?