How can an applicant establish that the AIA 35 U.S.C. 102(b)(2)(C) exception applies?

To establish that the AIA 35 U.S.C. 102(b)(2)(C) exception applies, an applicant can provide a statement. According to MPEP 2154.02(c):

“A clear and conspicuous statement by the applicant (or the applicant’s representative of record) that the claimed invention of the application under examination and the subject matter disclosed in the U.S. patent document applied as prior art were owned by the same person or subject to an obligation of assignment to the same person not later than the effective filing date of the claimed invention will be sufficient to establish that the AIA 35 U.S.C. 102(b)(2)(C) exception applies.”

Key points about the statement:

• It must be clear and conspicuous
• It can be made by the applicant or their representative of record
• Supporting evidence (e.g., assignment documents) may be presented but is not required
• The Office will not request corroborating evidence unless there is independent evidence raising doubt about the statement’s veracity
• A statement is required regardless of any assignment information recorded in the Office’s assignment database

To learn more:

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