What changes did AIA 35 U.S.C. 103 make to pre-AIA 35 U.S.C. 103(b) and 103(c)?

AIA 35 U.S.C. 103 made significant changes to pre-AIA 35 U.S.C. 103(b) and 103(c):

• Pre-AIA 35 U.S.C. 103(b): This provision, which applied to biotechnological inventions, has been eliminated in AIA 35 U.S.C. 103.
• Pre-AIA 35 U.S.C. 103(c): This has been eliminated, but similar provisions have been introduced in AIA 35 U.S.C. 102(b)(2)(C) and 102(c).

The MPEP states:

“Under the AIA, the common ownership, obligation to assign, or joint research agreement must exist on or before the effective filing date of the claimed invention, rather than on or before the date the invention was made.“

Additionally, disclosures excepted under AIA 35 U.S.C. 102(b)(2)(C) and 102(c) cannot be used in obviousness rejections, whereas under pre-AIA 35 U.S.C. 103(c), certain prior art was merely defined as not precluding patentability.

To learn more:

• AIA
• pre-AIA
• 35 U.S.C. 103
• 35 U.S.C. 102
• biotechnology
• common ownership