How does AIA 35 U.S.C. 103 affect the determination of obviousness?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. AIA 35 U.S.C. 103 has modified the determination of obviousness in patent examination. The key changes include: Elimination of pre-AIA 35 U.S.C. 103(c), which provided a safe harbor for commonly owned prior art or prior art resulting from a joint research agreement. Introduction of a new prior art exception under AIA 35 U.S.C. 102(b)(2)(C) for commonly owned disclosures or those subject to an obligation of assignment. Expansion of the scope of prior art that can be used in obviousness rejections. As stated in MPEP 2158 : “AIA 35 U.S.C. 103 continues to apply the Graham v. John Deere Co. obviousness factors set forth in MPEP § 2141.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Exceptions to Prior Art Under AIA 35 U.S.C. 102 MPEP 2158 Common Ownership and Joint Research Agreement Requirements Under AIA MPEP 2158 Disclosure Not Prior Art Under AIA 102(b)(2)(C) MPEP 2158 Disclosures Excepted as Prior Art Cannot Be Used in Rejections MPEP 2158 Prohibited Exceptions Under AIA Cannot Be Used for Prior Art Rejections MPEP 2158 Prohibited First Inventor to File Provisions Under AIA MPEP 2158 No Difference in Obviousness Analysis Despite Terminology Change MPEP 2158 Definition of Claims in Patent Legislation MPEP 2158 Differences Between Claims and Prior Art Must Be Ascertained MPEP 2158 Continuing Validity of Pre-AIA Cases Under AIA MPEP 2158 Other Related FAQs 5 FAQs Collapse What changes did AIA 35 U.S.C. 103 make to pre-AIA 35 U.S.C. 103(b) and 103(c)? How does AIA 35 U.S.C. 103 treat commonly owned prior art? How does AIA 35 U.S.C. 103 define prior art for obviousness determinations? What is the impact of AIA 35 U.S.C. 103 on the scope of prior art? How does AIA ...