Can the prior art exception under 35 U.S.C. 102(b)(2)(C) be applied retroactively?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 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 application of the prior art exception under 35 U.S.C. 102(b)(2)(C) is not retroactive. According to the MPEP 717.02(a) : “The CREATE Act provisions of the AIA apply only to applications filed on or after September 16, 2012.” This means that the exception cannot be applied to applications filed before September 16, 2012. For earlier applications, examiners and applicants must refer to pre-AIA rules and regulations regarding joint research agreements and prior art exceptions. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Exceptions to Prior Art under 35 U.S.C. 102(b)(2) MPEP 717 Exceptions to Prior Art Under 35 U.S.C. 102(b)(1) MPEP 717 Statement Required for Joint Research Agreement MPEP 717.02(a) Required Requirement for Joint Research Agreements in Pre-AIA Applications MPEP 717.02(a) Exceptions to Prior Art under 35 U.S.C. 102(b)(1) and (b)(2) MPEP 717 Joint Research Agreement Must Be In Effect MPEP 717.02(a) Patent May Not Include Joint Research Agreement Parties After Issue Fee Paid MPEP 717.02(a) Prohibited Requirement for Joint Research Agreement Provisions Under 102(b)(2)(C) MPEP 717.02(a) Joint Research Agreement Must Be In Effect Before Prior Art Exception MPEP 717.02(a) Sufficient to Invoke Prior Art Exception for Common Ownership MPEP 717.02(a) Other Related FAQs 5 FAQs Collapse How does the prior art exception under 35 U.S.C. 102(b)(2)(C) affect PCT applications? What is the effective date for invoking the prior art exception under 35 U.S.C. 102(b)(2)(C)? What are the requirements for invoking the prior art exception under 35 U.S.C. 102(b)(2)(C)? How can an applicant show common ownership to invoke the prior art exception? What is the significa...