What is the significance of the “as of the effective filing date” phrase in Pre-AIA 35 U.S.C. 103(c)?
What is the significance of the “as of the effective filing date” phrase in Pre-AIA 35 U.S.C. 103(c)? The phrase “as of the effective filing date” in Pre-AIA 35 U.S.C. 103(c) is crucial for determining the applicability of the common ownership or joint research agreement exception. According to MPEP 2146.02: “The phrase ‘as of the…
Read MoreWhat is the effective date for applying AIA 35 U.S.C. 102(b)(2)(C) exception?
What is the effective date for applying AIA 35 U.S.C. 102(b)(2)(C) exception? The effective date for applying the AIA 35 U.S.C. 102(b)(2)(C) exception is crucial for determining its applicability. According to MPEP 2154.02(c): “Even if the only differences between the subject matter disclosed by the reference and the claimed invention were made pursuant to a…
Read MoreWhat is considered “commonly owned” under pre-AIA 35 U.S.C. 103(c)?
According to the MPEP, The term “commonly owned” means wholly owned by the same person(s) or organization(s) at the time the invention was made. This definition is crucial for determining whether certain prior art can be disqualified under pre-AIA 35 U.S.C. 103(c). It’s important to note that the common ownership must exist at the time…
Read MoreHow does common ownership affect prior art under 35 U.S.C. 102(b)(2)(C)?
Common ownership can significantly affect prior art considerations under 35 U.S.C. 102(b)(2)(C). The MPEP states: “35 U.S.C. 102(b)(2)(C) excepts subject matter disclosed in a U.S. patent, U.S. patent application publication, or WIPO published application from constituting prior art under 35 U.S.C. 102(a)(2) if the subject matter disclosed and the claimed invention, not later than the…
Read MoreWhat is common ownership under pre-AIA 35 U.S.C. 103(c)?
Common ownership under pre-AIA 35 U.S.C. 103(c) means that the subject matter which would otherwise qualify as prior art under pre-AIA 35 U.S.C. 102(e), (f), or (g) and the claimed invention must be entirely or wholly owned by, or under an obligation to assign to, the same person(s) or organization(s)/business entity(ies) at the time the…
Read MoreHow does common ownership affect patent examination under pre-AIA 35 U.S.C. 103(c)?
Common ownership plays a crucial role in patent examination under pre-AIA 35 U.S.C. 103(c). The MPEP provides guidance on this: “Applications and patents will be considered to be owned by, or subject to an obligation of assignment to, the same person, at the time the invention was made, if the applicant(s) or patent owner(s) make(s)…
Read MoreHow can common ownership or a Joint Research Agreement help overcome a 35 U.S.C. 102(a)(2) rejection?
Common ownership or evidence of a Joint Research Agreement can be used to overcome a 35 U.S.C. 102(a)(2) rejection by establishing entitlement to the 35 U.S.C. 102(b)(2)(C) exception. This exception removes certain disclosures from being considered prior art. MPEP 2152.06 states: “Establishing common ownership or establishing evidence of a Joint Research Agreement to overcome a…
Read MoreHow does the common ownership exception work under AIA 35 U.S.C. 102(b)(2)(C)?
The common ownership exception under AIA 35 U.S.C. 102(b)(2)(C) provides a way to overcome certain prior art rejections. According to MPEP 2154.02(c): “AIA 35 U.S.C. 102(b)(2)(C) provides a third exception to the prior art provisions of AIA 35 U.S.C. 102(a)(2). The exception of AIA 35 U.S.C. 102(b)(2)(C) excepts subject matter disclosed in a U.S. patent,…
Read MoreWhat is the difference between AIA 35 U.S.C. 102(b)(2)(C) and pre-AIA 35 U.S.C. 103(c)?
While both AIA 35 U.S.C. 102(b)(2)(C) and pre-AIA 35 U.S.C. 103(c) deal with common ownership, there are significant differences between them. According to MPEP 2154.02(c): “If the provisions of AIA 35 U.S.C. 102(b)(2)(C) are met, a U.S. patent document that might otherwise qualify as prior art under AIA 35 U.S.C. 102(a)(2) is not available as…
Read MoreWhat are the prior art exceptions under AIA 35 U.S.C. 102(b)(2)?
The AIA 35 U.S.C. 102(b)(2) provides three exceptions to prior art under AIA 35 U.S.C. 102(a)(2): 35 U.S.C. 102(b)(2)(A): Inventor-originated disclosure exception 35 U.S.C. 102(b)(2)(B): Inventor-originated prior public disclosure exception 35 U.S.C. 102(b)(2)(C): Common ownership or obligation of assignment exception These exceptions limit the use of an inventor’s own work as prior art and provide…
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