How does MPEP 715.01(a) handle references with a common assignee but different inventors?

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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. MPEP 715.01(a) addresses situations where a reference and an application have a common assignee but different inventors. The section states: ‘If the reference is a U.S. patent or application publication of a pending or patented application and names at least one inventor in common with the instant application, a rejection may be overcome as described in MPEP § 717.01.’ This means that even if the assignee (typically a company or organization) is the same, the presence of different inventors can still lead to a prior art rejection. However, the applicant may have options to overcome such rejections, as outlined in MPEP § 717.01 , which may include filing a declaration or showing that the disclosure was obtained from the inventor. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Date to Overcome Prior Art Is Effective Date MPEP 715 Reference Is a Patent or Published Application Naming Different Inventive Entity With at Least One Common Inventor MPEP 715.01(a) Reference Is a Patent or Published Application Naming Different Inventive Entity With at Least One Common Inventor MPEP 715.01(a) Permitted Admissions of Prior Art Cannot Be Overcome by Affidavit MPEP 715 Prohibited Exceptions to Prior Art Under 35 U.S.C. 102(b)(1) MPEP 717 Exceptions to Prior Art under 35 U.S.C. 102(b)(2) MPEP 717 Affidavit or Declaration to Overcome Prior Art Rejection MPEP 715 Permitted Admission of Prior Art Prohibits Affidavit MPEP 715 Prohibited Patent Application Publications as Prior Art MPEP 715 Permitted Disqualify Prior Art Disclosure by Inventor MPEP 717.01 Permitted Other Related FAQs 5 FAQs Collapse Can an inventor use a 37 CFR 1.131(a) affidavit to overcome a rejection based on ...