Are there any exceptions to the “names another inventor” requirement in AIA 35 U.S.C. 102(a)(2)?
While the “names another inventor” requirement is a key aspect of AIA 35 U.S.C. 102(a)(2), there are exceptions that may prevent a U.S. patent document from being used as prior art even if it names another inventor.
MPEP 2154.01(c) mentions: “Even if there are one or more joint inventors in common in a U.S. patent document and the later-filed application under examination or patent under reexamination, the U.S. patent document qualifies as prior art under AIA 35 U.S.C. 102(a)(2) unless an exception in AIA 35 U.S.C. 102(b)(2) is applicable.”
These exceptions, found in AIA 35 U.S.C. 102(b)(2), include situations such as disclosures made by the inventor, disclosures derived from the inventor, and disclosures owned by the same person or subject to an obligation of assignment to the same person. It’s important to review these exceptions when considering whether a document qualifies as prior art under AIA 35 U.S.C. 102(a)(2).
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