How is common ownership defined for the purposes of 35 U.S.C. 102(b)(2)(C)?

Common ownership, as defined for the purposes of 35 U.S.C. 102(b)(2)(C), refers to the complete ownership of both the subject matter that would otherwise be prior art and the claimed invention by the same person(s) or organization(s).

The MPEP states: The term ‘commonly owned’ is intended to mean that the subject matter that would otherwise be prior art to the claimed invention and the claimed invention are entirely or wholly owned by, or under an obligation to assign to, the same person(s) or organization(s)/business entity(ies).

It’s important to note that common ownership requires 100% ownership of both the subject matter and the claimed invention. Partial ownership does not qualify for this exception.

To learn more:

• common ownership
• 35 U.S.C. 102(b)(2)(C)
• patent application
• prior art exception

To learn more:

• 35 U.S.C. 102(b)(2)(C)