How does common ownership affect the AIA 35 U.S.C. 102(b)(2)(C) exception?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Common ownership plays a crucial role in the AIA 35…
Read MoreHow is common ownership defined for the purposes of 35 U.S.C. 102(b)(2)(C)?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Common ownership, as defined for the purposes of 35 U.S.C.…
Read MoreHow does the USPTO handle common ownership statements filed after rejection?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The USPTO allows applicants to file common ownership statements even…
Read MoreWhat is the 35 U.S.C. 102(b)(2)(C) exception?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The 35 U.S.C. 102(b)(2)(C) exception is a prior art exception that can be invoked…
Read MoreWhat are the timing requirements for common ownership under 35 U.S.C. 102(b)(2)(C)?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The timing of common ownership is crucial for invoking the…
Read MoreWhat is the role of terminal disclaimers in overcoming rejections under MPEP 715.05?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. MPEP 715.05 discusses the use of terminal disclaimers in conjunction…
Read MoreHow can an applicant show common ownership to invoke the prior art exception?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. To invoke the prior art exception under 35 U.S.C. 102(b)(2)(C),…
Read MoreWhat are the requirements for establishing a prior art exception under AIA 35 U.S.C. 102(b)(2)(C)?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. To establish a prior art exception under AIA 35 U.S.C.…
Read MoreWhat are the requirements for invoking the prior art exception under 35 U.S.C. 102(b)(2)(C)?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. To invoke the prior art exception under 35 U.S.C. 102(b)(2)(C),…
Read MoreWhat are the requirements for filing an affidavit or declaration under 37 CFR 1.131(a)?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. An affidavit or declaration under 37 CFR 1.131(a) may be…
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