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

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.

To learn more:

• common assignee
• different inventors
• prior art rejection
• MPEP 717.01

To learn more:

• MPEP 717.01