How does the AIA 35 U.S.C. 102(b)(2)(C) exception work for commonly owned disclosures?

The AIA 35 U.S.C. 102(b)(2)(C) exception provides a way to disqualify certain prior art references based on common ownership. Key aspects include:

• It applies to subject matter disclosed in a U.S. patent, U.S. patent application publication, or WIPO published application.
• The subject matter and the claimed invention must have been owned by the same person or subject to an obligation of assignment to the same person no later than the effective filing date of the claimed invention.
• This exception can be used to overcome rejections based on prior art under 35 U.S.C. 102(a)(2).

As stated in MPEP 2154.02(c): ‘The common ownership must exist not later than the effective filing date of the claimed invention. A statement of common ownership made in accordance with 37 CFR 1.104(c)(4)(i) is sufficient to establish common ownership under AIA 35 U.S.C. 102(b)(2)(C).’

To learn more:

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

To learn more:

• 35 U.S.C. 102(b)(2)(C)