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

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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 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Exceptions to Prior Art under 35 U.S.C. 102(b)(2) MPEP 717 AIA Prior Art Exception for Commonly Owned Subject Matter MPEP 717.02(b) 35 U.S.C. 102(b)(2)(C) Exception for Anticipation and Obviousness Rejections MPEP 717.02(b) Permitted Common Ownership Statement for Prior Art Under AIA 35 U.S.C. 102(b)(2)(C) MPEP 717.02(b) Exceptions to Prior Art Under 35 U.S.C. 102(b)(1) MPEP 717 Prior Art Exception Does Not Invalidate Enablement or Inherency Evidence MPEP 717.02(b) Joint Research Agreement Prior Art Exception MPEP 717.02(b) Commonly Owned Prior Art Exception Now Applies to Anticipation Rejections MPEP 717.02(b) Prior Art Exception for Joint Research Agreement MPEP 717.02(b) Exceptions to Prior Art under 35 U.S.C. 102(b)(1) and (b)(2) MPEP 717 Other Related FAQs 5 FAQs Collapse How does the USPTO evaluate if the prior art exception under AIA 35 U.S.C. 102(b)(2)(C) is properly invoked? How does the USPTO handle situations where the requirements for...