How can an applicant establish common ownership for the AIA 35 U.S.C. 102(b)(2)(C) exception?

How can an applicant establish common ownership for the AIA 35 U.S.C. 102(b)(2)(C) exception?

To establish common ownership for the AIA 35 U.S.C. 102(b)(2)(C) exception, an applicant can follow these steps:

1. Provide a clear and conspicuous statement that the claimed invention and the subject matter disclosed were owned by, or subject to an obligation of assignment to, the same person no later than the effective filing date of the claimed invention.
2. Include the statement in the specification or submit it in a separate paper in the application file, preferably before an Office action is issued.
3. Ensure the statement is signed in accordance with 37 CFR 1.33(b).

According to MPEP 717.02(b):

‘The applicant(s) may submit a statement under 37 CFR 1.104(c)(4)(i) to disqualify a disclosure as prior art by establishing that the disclosure was made by the inventor or a joint inventor, or the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor.’

It’s important to note that the statement must be specific to the application or patent in which it is filed and cannot be incorporated by reference from other applications or patents.

To learn more:

• AIA
• 35 U.S.C. 102(b)(2)(C)
• common ownership
• prior art exception

To learn more:

• 35 U.S.C. 102(b)(2)(C)