What is common ownership under 35 U.S.C. 102(b)(2)(C)?

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.

Common ownership under 35 U.S.C. 102(b)(2)(C) means that the subject matter disclosed and the claimed invention were owned by the same person or subject to an obligation of assignment to the same person not later than the effective filing date of the claimed invention. This provision allows certain prior art to be excepted as prior art under 35 U.S.C. 102(a)(2).

As stated in the MPEP: 35 U.S.C. 102(b)(2)(C) provides that disclosures shall not be prior art under 35 U.S.C. 102(a)(2) if the subject matter disclosed and the claimed invention, not later than the effective filing date of the claimed invention, were owned by the same person or subject to an obligation of assignment to the same person.