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

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

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).

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Tags: common ownership, patent examination