What are the exceptions to prior art under 35 U.S.C. 102(b)(2)?

35 U.S.C. 102(b)(2) provides three important exceptions to what would otherwise be considered prior art under 35 U.S.C. 102(a)(2). The MPEP outlines these exceptions: 102(b)(2)(A): “limits the use of an inventor’s own work as prior art, when the inventor’s own work is disclosed in a U.S. patent, U.S. patent application publication, or WIPO published application…

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What are the exceptions to 35 U.S.C. 102(a)(1) and 102(a)(2) rejections?

What are the exceptions to 35 U.S.C. 102(a)(1) and 102(a)(2) rejections? There are several exceptions to 35 U.S.C. 102(a)(1) and 102(a)(2) rejections, which are outlined in 35 U.S.C. 102(b)(1) and 102(b)(2). These exceptions include: Grace period disclosures: Disclosures made by the inventor or joint inventor within one year of the effective filing date. Derived disclosures:…

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How can an applicant establish that the AIA 35 U.S.C. 102(b)(2)(C) exception applies?

To establish that the AIA 35 U.S.C. 102(b)(2)(C) exception applies, an applicant can provide a statement. According to MPEP 2154.02(c): “A clear and conspicuous statement by the applicant (or the applicant’s representative of record) that the claimed invention of the application under examination and the subject matter disclosed in the U.S. patent document applied as…

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How can an applicant establish common ownership to disqualify prior art under pre-AIA 35 U.S.C. 103(c)?

An applicant can establish common ownership to disqualify prior art under pre-AIA 35 U.S.C. 103(c) by submitting a clear and conspicuous statement that the application and the reference were, at the time the invention was made, owned by, or subject to an obligation of assignment to, the same person. This statement must be signed in…

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