What is common ownership under pre-AIA 35 U.S.C. 103(c)?
Common ownership under pre-AIA 35 U.S.C. 103(c) means that the subject matter which would otherwise qualify as prior art under pre-AIA 35 U.S.C. 102(e), (f), or (g) and the claimed invention must be entirely or wholly owned by, or under an obligation to assign to, the same person(s) or organization(s)/business entity(ies) at the time the claimed invention was made.
As stated in the MPEP: The term “commonly owned” is intended to mean that the subject matter which would otherwise pre-AIA 35 U.S.C. 102(e), (f), or (g) 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).
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2146.02 - Establishing Common Ownership Or Joint Research Agreement Under Pre - Aia 35 U.S.C. 103(C),
Patent Law,
Patent Procedure