What are the timing requirements for common ownership under 35 U.S.C. 102(b)(2)(C)?

The timing of common ownership is crucial for invoking the prior art exception under 35 U.S.C. 102(b)(2)(C). The MPEP clarifies:

The requirement for common ownership not later than the effective filing date of the claimed invention is intended to preclude obtaining ownership of the disclosed subject matter after the effective filing date of the claimed invention in order to except that subject matter as prior art by invoking a prior art exception.

Key points to remember:

• Common ownership must exist not later than the effective filing date of the claimed invention
• A statement of present common ownership is not sufficient
• Actual ownership or a legal obligation to assign must be in existence by the effective filing date

To learn more:

• common ownership
• 35 U.S.C. 102(b)(2)(C)
• effective filing date
• patent application

To learn more:

• 35 U.S.C. 102(b)(2)(C)