How does common ownership affect rejections under pre-AIA 35 U.S.C. 102(e)/103?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 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. Common ownership can have a significant impact on rejections under pre-AIA 35 U.S.C. 102(e)/103. According to MPEP 715.01(b) : Where, however, a rejection is applied under pre-AIA 35 U.S.C. 102(f)/103 or pre-AIA 35 U.S.C. 102(g)/103, or, in an application filed on or after November 29, 1999, under pre-AIA 35 U.S.C. 102(e)/103 using the reference, a showing that the invention was commonly owned, or subject to an obligation of assignment to the same person, at the time the later invention was made would preclude such a rejection or be sufficient to overcome such a rejection. This means that if an applicant can demonstrate common ownership or an obligation of assignment at the time of invention, they may be able to overcome or prevent certain types of rejections based on prior art references. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Common Ownership Can Overcome Prior Art Rejection MPEP 715.01(b) Date to Overcome Prior Art Is Effective Date MPEP 715 Affidavit or Declaration to Overcome Prior Art Rejection MPEP 715 Permitted Admission of Prior Art Prohibits Affidavit MPEP 715 Prohibited Affidavit Required for Commonly Owned Patents MPEP 715.01(b) Patent Application Publications as Prior Art MPEP 715 Permitted Admissions of Prior Art Cannot Be Overcome by Affidavit MPEP 715 Prohibited Date of Foreign Patent Availability as Prior Art MPEP 715 Affidavit Not Allowed for Prior Art Under Pre-AIA 102(f) MPEP 715 Prohibited Requirement for Antedating Pre-AIA Prior Art MPEP 715 Permitted Other Related FAQs 5 FAQs Collapse What are the requirements for filing an affidavit or declaration under 37 CFR 1.131(a)? What is the significance of common assignee in patent applic...