What evidence is required to establish common ownership for AIA 35 U.S.C. 102(b)(2)(C)?

To establish common ownership for the AIA 35 U.S.C. 102(b)(2)(C) exception, specific evidence is required. The MPEP 717.02(b) provides guidance:

The applicant (or the applicant’s representative of record) may submit a statement establishing that the subject matter disclosed and the claimed invention, not later than the effective filing date of the claimed invention, were owned by the same person or subject to an obligation of assignment to the same person.

This statement must be clear and conspicuous, and can be presented in the specification, during prosecution, or by separate paper. The evidence should establish common ownership at the time of the effective filing date of the claimed invention.

To learn more:

• AIA
• prior art exceptions
• common ownership evidence
• 35 U.S.C. 102(b)(2)(C)

To learn more:

• 35 U.S.C. 102(b)(2)(C)