How does common ownership affect the AIA 35 U.S.C. 102(b)(2)(C) exception?

Common ownership plays a crucial role in the AIA 35 U.S.C. 102(b)(2)(C) exception. The MPEP 717.02(b) states:

If the subject matter disclosed and the claimed invention, not later than the effective filing date of the claimed invention, were owned by the same person or subject to an obligation of assignment to the same person, the AIA 35 U.S.C. 102(b)(2)(C) exception applies to the subject matter disclosed.

This means that if both the subject matter of the prior art disclosure and the claimed invention were under common ownership or obligation of assignment to the same entity at the time of the effective filing date, the exception can be applied to disqualify the prior art.

To learn more:

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

To learn more:

• 35 U.S.C. 102(b)(2)(C)