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 MoreWhat is the purpose of 37 CFR 1.131(c)?
37 CFR 1.131(c) provides a mechanism to disqualify certain prior art in patent applications or patents under reexamination. Specifically, it addresses situations where: A claim is rejected under 35 U.S.C. 103 (as in effect on March 15, 2013) The rejection is based on a U.S. patent or U.S. patent application publication that is not prior…
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