How has pre-AIA 35 U.S.C. 103(c) changed over time?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. Pre-AIA 35 U.S.C. 103(c) has undergone several changes: Prior to November 29, 1999: It disqualified prior art under 35 U.S.C. 102(f) or (g) for obviousness determinations if commonly owned. November 29, 1999: Expanded to include prior art under 35 U.S.C. 102(e). December 10, 2004: The CREATE Act further amended it to include subject matter developed under joint research agreements. The MPEP states: These changes to pre-AIA 35 U.S.C. 103(c) apply to all patents (including reissue patents) granted on or after December 10, 2004 that are subject to pre-AIA 35 U.S.C. 102. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Reissue Patents Subject to Pre-AIA 35 U.S.C. 103(c) Changes MPEP 2146 Pre-AIA 35 U.S.C. 103(c) Applies Only to Specific Prior Art MPEP 2146 Pre-AIA 35 U.S.C. 103(c) Cannot Overcome Double Patenting MPEP 2146 Prohibited Commonly Owned Prior Art Requirement MPEP 2146 Pre-AIA Prior Art Under 103(c) Must Be Commonly Owned MPEP 2146 Subject Matter Developed by Another Person Treated as Owned for Obviousness Determination MPEP 2146 Required Prior Art Exclusion for Commonly Owned Inventions MPEP 2146 Disclosure of Joint Research Agreement Parties Required MPEP 2146 Pre-AIA 102(f) and (g) Prior Art in Reexamination of Pre-2004 Patents MPEP 2146 Permitted Prior Art Not Disqualified Under 103(c) MPEP 2146 Other Related FAQs 5 FAQs Collapse What is considered &#8220;commonly owned&#8221; under pre-AIA 35 U.S.C. 103(c)? What is the &#8220;create date&#8221; in the context of Pre-AIA 35 U.S.C. 103(c)? How does Pre-AIA 35 U.S.C. 103(c) affect joint research agreements? What is the purpose of pre-AIA 35 U.S.C. 103(c)? What is the significance of the phrase &#8220;at ...