How does an examiner determine if the AIA 35 U.S.C. 102(b)(2)(C) exception applies?

An examiner determines if the AIA 35 U.S.C. 102(b)(2)(C) exception applies by following specific procedures outlined in the MPEP. The key steps include:

• Reviewing the application and prior art for potential applicability of the exception
• Considering any statements or evidence provided by the applicant regarding common ownership
• Evaluating the timing of common ownership in relation to the effective filing date

The MPEP states:

‘If the applicant disqualifies the subject matter relied upon by the examiner in accordance with AIA 35 U.S.C. 102(b)(2)(C) and the procedures in MPEP § 717.02(b), the examiner should treat the application as if the disqualified prior art was not in the application.’

This guidance helps examiners consistently apply the exception during the patent examination process.

To learn more:

• AIA
• prior art exception
• 102(b)(2)(C)
• patent examination
• examiner procedure