How does the USPTO handle common ownership statements filed after rejection?

How does the USPTO handle common ownership statements filed after rejection? The USPTO allows applicants to file common ownership statements even after a rejection has been made. According to MPEP 717.02(c): “If the applicant files the statement of common ownership to invoke a joint research agreement or common ownership exception after a rejection has been…

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What is the primary goal of patent examination?

The primary goal of patent examination is to thoroughly review and analyze the patent application in light of prior art and clearly articulate any rejections early in the prosecution process. As stated in the MPEP: “The goal of examination is to clearly articulate any rejection early in the prosecution process so that the applicant has…

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Can an inventor use a 37 CFR 1.131(a) affidavit to overcome a rejection based on a commonly owned patent or application?

No, an inventor cannot use a 37 CFR 1.131(a) affidavit to overcome a rejection based on a commonly owned patent or application. This is because such references are not considered prior art that can be antedated. According to MPEP 715.01(a): “Where the reference is a U.S. patent or patent application publication of a common assignee…

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