What are the prior art exceptions under AIA 35 U.S.C. 102(b)(2)?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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 AIA 35 U.S.C. 102(b)(2) provides three exceptions to prior art under AIA 35 U.S.C. 102(a)(2): 35 U.S.C. 102(b)(2)(A): Inventor-originated disclosure exception 35 U.S.C. 102(b)(2)(B): Inventor-originated prior public disclosure exception 35 U.S.C. 102(b)(2)(C): Common ownership or obligation of assignment exception These exceptions limit the use of an inventor’s own work as prior art and provide ways to overcome certain prior art rejections. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Prior Art Exceptions Based on Inventor-Disclosed Information MPEP 2154.02 Requirement for Terminal Disclaimers to Address Nonstatutory Double Patenting MPEP 1490 Required Admission as Prior Art Under Common Ownership MPEP 2146.02 Requirement for Examination Under FITF Provisions MPEP 2154.02 Pre-AIA Prior Art Under Section 102(f) Can Be Used in Section 103 Rejections MPEP 2137 Permitted Requirement for Common Ownership or Joint Research Agreement Under Pre-AIA 35 U.S.C. 103(c) MPEP 2146.02 Required Requirement for Common Ownership of Prior Art Under Pre-AIA 35 U.S.C. 103(c) MPEP 2146.02 Requirement for Establishing Common Ownership MPEP 2146.01 Provisional Rejections Using Provisional Prior Art MPEP 2136.01 Examiner May Question Common Ownership or Assignment Obligation MPEP 2146.02 Permitted Other Related FAQs 5 FAQs Collapse When does the AIA 35 U.S.C. 102(b)(2)(C) exception not remove a U.S. patent document as prior art? What is the difference between AIA 35 U.S.C. 102(b)(2)(C) and pre-AIA 35 U.S.C. 103(c)? What is the Common Ownership Exception under AIA 35 U.S.C. 102(b)(2)(C)? How does the common ownership exception work under AIA 35 U.S.C. 102(b)(2)(C)? What is the eff...