How has pre-AIA 35 U.S.C. 103(c) changed over time?

Pre-AIA 35 U.S.C. 103(c) has undergone several changes:

• Prior to November 29, 1999: It disqualified prior art under 35 U.S.C. 102(f) or (g) for obviousness determinations if commonly owned.
• November 29, 1999: Expanded to include prior art under 35 U.S.C. 102(e).
• December 10, 2004: The CREATE Act further amended it to include subject matter developed under joint research agreements.

The MPEP states: These changes to pre-AIA 35 U.S.C. 103(c) apply to all patents (including reissue patents) granted on or after December 10, 2004 that are subject to pre-AIA 35 U.S.C. 102.

To learn more:

• pre-AIA 35 U.S.C. 103(c)
• patent law history
• CREATE Act
• AIPA