How does the MPEP address inventions made jointly by employees of different organizations?

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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. The MPEP addresses inventions made jointly by employees of different organizations in MPEP 715.01(a) . It states: ‘Where the reference and the application or patent under reexamination are commonly owned, and the inventions claimed in the application or patent under reexamination and in the reference are not identical but are not patentably distinct, a terminal disclaimer and an affidavit or declaration under 37 CFR 1.130(a) may be used to overcome a rejection under 35 U.S.C. 103.’ This means that in cases where employees from different organizations jointly invent something, they may need to file a terminal disclaimer and an affidavit to overcome certain rejections, especially if the inventions are related but not identical. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Form Paragraph 7.57.fti MPEP 715 Required Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Form Paragraph 7.57.fti MPEP 715 Required Affidavit or Declaration to Overcome Prior Art Rejection MPEP 715 Permitted Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Specific Form MPEP 715 Required Terminal Disclaimer and Affidavit for Non-Identical but Not Distinct Inventions Under 35 U.S.C. 103 MPEP 715 Permitted Affidavits Cannot Overcome Rejection Based on Different Inventor MPEP 715.01(a) Prohibited Date to Overcome Prior Art Is Effective Date MPEP 715 Requirement to Disqualify Commonly Owned Patent as Prior Art MPEP 715 Permitted Requirement for Oath or Declaration to Disqualify Prior Art MPEP 715 Inventorship Declaration to Overcome Rejection MPEP 715.01(a) Other Related FAQs 5 FAQs Collapse Can an inventor use a 37 CF...