What is considered “commonly owned” under pre-AIA 35 U.S.C. 103(c)?

According to the MPEP, The term “commonly owned” means wholly owned by the same person(s) or organization(s) at the time the invention was made. This definition is crucial for determining whether certain prior art can be disqualified under pre-AIA 35 U.S.C. 103(c). It’s important to note that the common ownership must exist at the time of invention, not at a later date.

Pre-AIA 103(c) Does Not Affect Rejections Under 102 MPEP 2146 Informative
Prior Art Not Disqualified Under 103(c) MPEP 2146 Informative
Burden of Establishing Prior Art Disqualification MPEP 2146 Informative
Common Ownership Exclusion for Prior Art MPEP 2146 Informative
Prior Art Exclusion for Commonly Owned Inventions MPEP 2146 Informative