How does the prior art exception affect double patenting rejections?
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 prior art exception under 35 U.S.C. 102(b)(2)(C) can have…
Read MoreWhat is the 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. The prior art exception under AIA 35 U.S.C. 102(b)(2)(C) allows…
Read MoreWhat is 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. The prior art exception under 35 U.S.C. 102(b)(2)(C) allows certain…
Read MoreHow do examiners handle applications where common ownership or a joint research agreement has not been established?
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. According to MPEP 717.02(c), when examining applications where common ownership…
Read MoreHow do examiners handle applications where common ownership or a joint research agreement has been established?
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. When common ownership or a joint research agreement has been…
Read MoreHow can an applicant overcome prior art rejections using a 37 CFR 1.132 affidavit?
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 applicant can overcome certain prior art rejections using a…
Read MoreHow does the AIA affect the treatment of common ownership in patent applications?
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 America Invents Act (AIA) has significantly changed how common…
Read MoreHow does common ownership affect prior art under AIA 35 U.S.C. 102(b)(2)(C)?
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. Common ownership can disqualify certain disclosures as prior art under the AIA. Specifically, 35…
Read MoreHow does AIA 35 U.S.C. 102(b)(2)(C) handle common ownership situations?
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. AIA 35 U.S.C. 102(b)(2)(C) provides an important exception for commonly…
Read MoreHow does the AIA 35 U.S.C. 102(b)(2)(C) exception work for commonly owned disclosures?
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 AIA 35 U.S.C. 102(b)(2)(C) exception provides a way to…
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