How can an applicant establish that a disclosure is not prior art under AIA 35 U.S.C. 102(b)?
Applicants can establish that a disclosure is not prior art under AIA 35 U.S.C. 102(b) by filing an affidavit or declaration. The MPEP provides guidance on this process: The Office has provided a mechanism in 37 CFR 1.130 for filing an affidavit or declaration to establish that a disclosure made no earlier than one year…
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…
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