How can common ownership or a Joint Research Agreement help overcome a 35 U.S.C. 102(a)(2) rejection?

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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. Common ownership or evidence of a Joint Research Agreement can be used to overcome a 35 U.S.C. 102(a)(2) rejection by establishing entitlement to the 35 U.S.C. 102(b)(2)(C) exception. This exception removes certain disclosures from being considered prior art. MPEP 2152.06 states: “ Establishing common ownership or establishing evidence of a Joint Research Agreement to overcome a 35 U.S.C. 102(a)(2) rejection or a 35 U.S.C. 103 rejection based on prior art under 35 U.S.C. 102(a)(2) by establishing entitlement to the 35 U.S.C. 102(b)(2)(C) exception. “ This method can be particularly useful when dealing with prior art that might otherwise be cited against your application, but was owned by the same entity or developed under a Joint Research Agreement at the relevant time. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Evidence of Public Use for Prior Art Rejection MPEP 2152 Permitted Ways to Overcome 102 Rejections Also Apply to 103 MPEP 2152.06 Permitted U.S. Patent Documents Only for Prior Art Rejection Under AIA 102(a)(2) MPEP 2152 Permitted Prior Art Rejection Overcome by Various Means MPEP 2152.06 Permitted Categories of Prior Art Documents and Activities MPEP 2152 Prior Art Categories for Rejection Under AIA 102(a)(1) MPEP 2152 Permitted Exceptions to Prior Art for Inventor Disclosures MPEP 2152 Prohibited Requirement for Prior Art Documents Under AIA 102(a) MPEP 2152 Definition of Prior Art Under AIA 35 U.S.C. 102(a) MPEP 2152 Definition of Prior Art Under AIA 35 U.S.C. 102(a) MPEP 2152 Other Related FAQs 5 FAQs Collapse What is an affidavit or declaration under 37 CFR 1.130 and how can it overcome a 35 U.S.C. 102 rejection? How can I use a benefit claim t...