How does the USPTO handle common ownership statements filed after rejection?

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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 USPTO allows applicants to file common ownership statements even after a rejection has been made. According to MPEP 717.02(c) : “If the applicant files the statement of common ownership to invoke a joint research agreement or common ownership exception after a rejection has been made, the examiner will reconsider the rejection.” This means that examiners will reevaluate the rejection in light of the newly filed statement. However, it’s important to note that the statement must still meet all the requirements for establishing the exception under AIA 35 U.S.C. 102(b)(2)(C) . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Establishing Common Ownership or Joint Research Agreement MPEP 717.02(c) Disclosure of Joint Research Agreement Parties Required MPEP 717.02(b) Joint Research Agreement May Trigger Double Patenting Rejection MPEP 717.02(c) Permitted Exceptions to Prior Art under 35 U.S.C. 102(b)(2) MPEP 717 Names of Joint Research Agreement Parties Must Be Disclosed in Specification MPEP 717.02(a) Required Disclosure of Joint Research Agreement Parties Required MPEP 717.02(b) Required 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)(1) and (b)(2) MPEP 717 Double Patenting Rejection for Joint Research Agreements MPEP 717.02(c) Names of Joint Research Parties Must Be Included in Application MPEP 717.02(a) Other Related FAQs 5 FAQs Collapse How does the AIA 35 U.S.C. 102(b)(2)(C) exception apply to joint research agreements? How do examiners handle applications where common ownership or a joint research agreement has been established? How do examiners handle applications where common owners...