How does AIA 35 U.S.C. 102(b)(2)(C) handle common ownership situations?
How does AIA 35 U.S.C. 102(b)(2)(C) handle common ownership situations?
AIA 35 U.S.C. 102(b)(2)(C) provides an important exception for commonly owned patent applications and patents. According to MPEP 717:
“AIA 35 U.S.C. 102(b)(2)(C) provides that subject matter disclosed in a U.S. patent, U.S. patent application publication, or WIPO published application shall not be prior art to a claimed invention under AIA 35 U.S.C. 102(a)(2) if, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were owned by the same person or subject to an obligation of assignment to the same person.”
This exception works as follows:
- It applies to potential prior art under AIA 35 U.S.C. 102(a)(2), which includes U.S. patents, U.S. patent application publications, and WIPO published applications.
- The subject matter in the potential prior art and the claimed invention must be commonly owned or subject to an obligation of assignment to the same entity.
- This common ownership or obligation of assignment must exist no later than the effective filing date of the claimed invention.
This provision is particularly useful for companies or research institutions that may have multiple related patent applications or patents. It prevents their own earlier-filed applications from being used as prior art against their later applications, provided they meet the common ownership requirement.
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