How does a common ownership statement affect the application of AIA 35 U.S.C. 102(b)(2)(C)?

How does a common ownership statement affect the application of AIA 35 U.S.C. 102(b)(2)(C)?

A common ownership statement can significantly impact the application of AIA 35 U.S.C. 102(b)(2)(C). According to MPEP 717.02(c):

“If the appropriate common ownership statement has been made, or a joint research agreement statement has been made and the requirements of 35 U.S.C. 102(c) have been met, the examiner will not apply a prior art rejection based on the subject matter disclosed in the reference unless the reference is available as prior art under another subsection of AIA 35 U.S.C. 102(a).”

In other words, if a proper common ownership statement is provided, the examiner cannot use the prior art reference under 102(a)(2) unless it also qualifies under another subsection of 102(a). This effectively removes the reference as a basis for rejection under 102(a)(2), potentially allowing the application to overcome certain prior art obstacles.

To learn more:

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

To learn more:

• AIA 35 U.S.C. 102(b)(2)(C)