How does the AIA 35 U.S.C. 102(b)(2)(C) exception work for commonly owned disclosures?
The AIA 35 U.S.C. 102(b)(2)(C) exception provides a way to disqualify certain prior art references based on common ownership. Key aspects include: It applies to subject matter disclosed in a U.S. patent, U.S. patent application publication, or WIPO published application. The subject matter and the claimed invention must have been owned by the same person…
Read MoreHow does AIA 35 U.S.C. 102(b)(2)(C) affect prior art in the context of common ownership?
How does AIA 35 U.S.C. 102(b)(2)(C) affect prior art in the context of common ownership? AIA 35 U.S.C. 102(b)(2)(C) provides an important exception to prior art for commonly owned inventions. The MPEP 717 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…
Read MoreHow 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: A disclosure made by one or more joint inventors of a claimed invention is not prior art to the claimed invention under AIA 35 U.S.C. 102(a)(1) if it was made one year or less before the effective filing…
Read MoreWhat is the relationship between 37 CFR 1.131(c) and the first inventor to file provisions of the AIA?
The provisions of 37 CFR 1.131(c) are not applicable to applications subject to examination under the first inventor to file (FITF) provisions of the America Invents Act (AIA). This is clearly stated in the editor’s note at the beginning of MPEP 718: [Editor Note: This MPEP section is not applicable to applications subject to examination…
Read MoreCan the 35 U.S.C. 102(b)(2)(C) exception be used to overcome a double patenting rejection?
No, the 35 U.S.C. 102(b)(2)(C) exception cannot be used to overcome a double patenting rejection. The MPEP clearly states: The 35 U.S.C. 102(b)(2)(C) exception is not effective to remove a disclosure applied as a basis for a double patenting rejection. This means that even if subject matter is excepted as prior art under 35 U.S.C.…
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