What is the effective date for the AIA 35 U.S.C. 102(b)(2)(C) exception?
What is the effective date for the AIA 35 U.S.C. 102(b)(2)(C) exception? The AIA 35 U.S.C. 102(b)(2)(C) exception became effective on March 16, 2013. This exception applies to any patent, patent application publication, or WIPO published application that names another inventor and was effectively filed before the effective filing date of the claimed invention, where…
Read MoreHow does AIA 35 U.S.C. 102(b)(2)(C) handle common ownership situations?
How does AIA 35 U.S.C. 102(b)(2)(C) handle common ownership situations? AIA 35 U.S.C. 102(b)(2)(C) provides an important exception for commonly owned patent applications and patents. According to MPEP 717: “AIA 35 U.S.C. 102(b)(2)(C) provides that subject matter disclosed in a U.S. patent, U.S. patent application publication, or WIPO published application shall not be prior art…
Read MoreHow does the AIA 35 U.S.C. 102(b)(1)(A) exception apply to joint inventors?
How does the AIA 35 U.S.C. 102(b)(1)(A) exception apply to joint inventors? The AIA 35 U.S.C. 102(b)(1)(A) exception applies to disclosures made by joint inventors in a specific way. According to MPEP 717: “If the disclosure is a public disclosure by a joint inventor or another who obtained the subject matter from the inventor or…
Read MoreHow does the AIA 35 U.S.C. 102(b)(2)(C) exception apply to joint research agreements?
How does the AIA 35 U.S.C. 102(b)(2)(C) exception apply to joint research agreements? The AIA 35 U.S.C. 102(b)(2)(C) exception applies to joint research agreements as follows: The subject matter disclosed and the claimed invention were made by or on behalf of parties to a joint research agreement. The agreement was in effect on or before…
Read MoreHow 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 the AIA 35 U.S.C. 102(b)(1)(A) exception apply to joint inventors?
The AIA 35 U.S.C. 102(b)(1)(A) exception applies to disclosures made by joint inventors in a specific way: A disclosure made by one or more joint inventors of a claimed invention is not prior art to the claimed invention under AIA 35 U.S.C. 102(a)(1) if it was made one year or less before the effective filing…
Read MoreCan the 35 U.S.C. 102(b)(2)(C) exception be used to overcome a double patenting rejection?
No, the 35 U.S.C. 102(b)(2)(C) exception cannot be used to overcome a double patenting rejection. The MPEP clearly states: The 35 U.S.C. 102(b)(2)(C) exception is not effective to remove a disclosure applied as a basis for a double patenting rejection. This means that even if subject matter is excepted as prior art under 35 U.S.C.…
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