How does AIA 35 U.S.C. 103 treat commonly owned prior art?
AIA 35 U.S.C. 103 has changed the treatment of commonly owned prior art in obviousness determinations. The MPEP 2158 states: “The AIA eliminated the pre-AIA 35 U.S.C. 103(c) safe harbor for subject matter commonly owned or subject to an obligation of assignment to the same person at the time the claimed invention was made.” Instead,…
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