How can an applicant overcome a 35 U.S.C. 102(a)(2) rejection based on prior art with a common assignee?
How can an applicant overcome a 35 U.S.C. 102(a)(2) rejection based on prior art with a common assignee? An applicant can overcome a 35 U.S.C. 102(a)(2) rejection based on prior art with a common assignee by invoking the common ownership exception under 35 U.S.C. 102(b)(2)(C). According to MPEP 2152.06: “An applicant may show that the…
Read MoreWhat is the Common Ownership Exception under AIA 35 U.S.C. 102(b)(2)(C)?
What is the Common Ownership Exception under AIA 35 U.S.C. 102(b)(2)(C)? The Common Ownership Exception, as outlined in MPEP 2154.02(c), is a prior art exception under AIA 35 U.S.C. 102(b)(2)(C). This exception states that disclosures shall not be considered prior art under AIA 35 U.S.C. 102(a)(2) if: The subject matter disclosed and the claimed invention…
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