How can an applicant establish common ownership under Pre-AIA 35 U.S.C. 103(c)?
How can an applicant establish common ownership under Pre-AIA 35 U.S.C. 103(c)?
To establish common ownership under Pre-AIA 35 U.S.C. 103(c), an applicant must provide evidence or a statement to show that the claimed invention and the prior art reference were owned by the same person or subject to an obligation of assignment to the same person. According to MPEP 2146.02:
“The applicant(s) may submit a statement under 37 CFR 1.132 to establish common ownership. […] The statement must be signed by an official with the authority to bind the organization or by a practitioner who has the authority to sign on behalf of the organization that owns the application.”
To establish common ownership, applicants can:
- Submit a statement under 37 CFR 1.132
- Provide documentary evidence
- Explain the relationship between the owners
- Show that the ownership was in place as of the effective filing date of the claimed invention
It’s important to note that the evidence or statement must clearly establish that the common ownership existed at the time of the effective filing date of the claimed invention.
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