How does common ownership affect prior art under AIA 35 U.S.C. 102(b)(2)(C)?
Common ownership can disqualify certain disclosures as prior art under the AIA. Specifically, 35 U.S.C. 102(b)(2)(C) provides an exception for commonly owned subject matter. The MPEP states: 35 U.S.C. 102(b)(2)(C) provides that a disclosure made in a U.S. patent, U.S. patent application publication, or WIPO published application shall not be prior art to a claimed…
Read MoreHow can an applicant establish that a disclosure is not prior art under AIA 35 U.S.C. 102(b)?
Applicants can establish that a disclosure is not prior art under AIA 35 U.S.C. 102(b) by filing an affidavit or declaration. The MPEP provides guidance on this process: The Office has provided a mechanism in 37 CFR 1.130 for filing an affidavit or declaration to establish that a disclosure made no earlier than one year…
Read MoreHow does the AIA 35 U.S.C. 102(b)(2)(C) exception differ from pre-AIA 35 U.S.C. 103(c)?
How does the AIA 35 U.S.C. 102(b)(2)(C) exception differ from pre-AIA 35 U.S.C. 103(c)? The AIA 35 U.S.C. 102(b)(2)(C) exception and the pre-AIA 35 U.S.C. 103(c) have some key differences: Scope of Application: AIA 35 U.S.C. 102(b)(2)(C) applies to both novelty (35 U.S.C. 102) and obviousness (35 U.S.C. 103) rejections, while pre-AIA 35 U.S.C. 103(c)…
Read MoreWhat is the relationship between AIA 35 U.S.C. 102(b)(2)(C) and joint research agreements?
What is the relationship between AIA 35 U.S.C. 102(b)(2)(C) and joint research agreements? AIA 35 U.S.C. 102(b)(2)(C) includes provisions for joint research agreements (JRAs) that can disqualify certain prior art. This relationship is important for collaborative research efforts. Key points include: Subject matter disclosed and claimed invention must have been made by or on behalf…
Read MoreWhat is the significance of the AIA 35 U.S.C. 102(b)(2)(C) exception in patent examination?
The AIA 35 U.S.C. 102(b)(2)(C) exception is significant in patent examination as it disqualifies certain prior art that would otherwise be used against an application. Specifically, the MPEP states: ‘AIA 35 U.S.C. 102(b)(2)(C) provides that disclosures shall not be prior art under AIA 35 U.S.C. 102(a)(2) if the subject matter disclosed and the claimed invention,…
Read MoreWhat is the effective date for the AIA 35 U.S.C. 102(b)(2)(C) exception?
What is the effective date for the AIA 35 U.S.C. 102(b)(2)(C) exception? The AIA 35 U.S.C. 102(b)(2)(C) exception became effective on March 16, 2013. This exception applies to any patent, patent application publication, or WIPO published application that names another inventor and was effectively filed before the effective filing date of the claimed invention, where…
Read MoreHow does the AIA 35 U.S.C. 102(b)(2)(C) exception apply to joint research agreements?
How does the AIA 35 U.S.C. 102(b)(2)(C) exception apply to joint research agreements? The AIA 35 U.S.C. 102(b)(2)(C) exception applies to joint research agreements as follows: The subject matter disclosed and the claimed invention were made by or on behalf of parties to a joint research agreement. The agreement was in effect on or before…
Read MoreHow does AIA 35 U.S.C. 102(b)(2)(C) handle common ownership situations?
How does AIA 35 U.S.C. 102(b)(2)(C) handle common ownership situations? AIA 35 U.S.C. 102(b)(2)(C) provides an important exception for commonly owned patent applications and patents. According to MPEP 717: “AIA 35 U.S.C. 102(b)(2)(C) provides that subject matter disclosed in a U.S. patent, U.S. patent application publication, or WIPO published application shall not be prior art…
Read MoreHow does the AIA 35 U.S.C. 102(b)(1)(A) exception apply to joint inventors?
How does the AIA 35 U.S.C. 102(b)(1)(A) exception apply to joint inventors? The AIA 35 U.S.C. 102(b)(1)(A) exception applies to disclosures made by joint inventors in a specific way. According to MPEP 717: “If the disclosure is a public disclosure by a joint inventor or another who obtained the subject matter from the inventor or…
Read MoreHow does the AIA 35 U.S.C. 102(b)(2)(C) exception apply to joint research agreements?
How does the AIA 35 U.S.C. 102(b)(2)(C) exception apply to joint research agreements? The AIA 35 U.S.C. 102(b)(2)(C) exception applies to joint research agreements as follows: The subject matter disclosed and the claimed invention were made by or on behalf of parties to a joint research agreement. The agreement was in effect on or before…
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