How does the common ownership exception work under AIA 35 U.S.C. 102(b)(2)(C)?
The common ownership exception under AIA 35 U.S.C. 102(b)(2)(C) provides a way to overcome certain prior art rejections. According to MPEP 2154.02(c):
“AIA 35 U.S.C. 102(b)(2)(C) provides a third exception to the prior art provisions of AIA 35 U.S.C. 102(a)(2). The exception of AIA 35 U.S.C. 102(b)(2)(C) excepts subject matter disclosed in a U.S. patent, U.S. patent application publication, or WIPO published application (“U.S. patent document”) from constituting prior art under AIA 35 U.S.C. 102(a)(2) 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.'”
To invoke this exception, the applicant must provide a clear statement that the claimed invention and the subject matter of the prior art were commonly owned or subject to an obligation of assignment to the same person not later than the effective filing date of the claimed invention.
To learn more: