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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Pre-AIA 35 U.S.C. 103(c) Applies Only to Specific Prior Art MPEP 2146 Pre-AIA 35 U.S.C. 103(c) Cannot Overcome Double Patenting MPEP 2146 Prohibited Commonly Owned Prior Art Requirement MPEP 2146 Burden of Establishing Prior Art Disqualification MPEP 2146 Common Ownership Exclusion for Prior Art MPEP 2146 Prior Art Not Disqualified Under 103(c) MPEP 2146 Prior Art Exclusion for Commonly Owned Inventions MPEP 2146 Pre-AIA Prior Art Under 103(c) Must Be Commonly Owned MPEP 2146 Reissue Patents Subject to Pre-AIA 35 U.S.C. 103(c) Changes MPEP 2146 Pre-AIA 102(f) and (g) Prior Art in Reexamination of Pre-2004 Patents MPEP 2146 Permitted Other Related FAQs 5 FAQs Collapse What is the &#8220;create date&#8221; in the context of Pre-AIA 35 U.S.C. 103(c)? How has pre-AIA 35 U.S.C. 103(c) changed over time? How does Pre-AIA 35 U.S.C. 103(c) affect joint research agreements? What is the purpose of pre-AIA 35 U.S.C. 103(c)? What is the significance of the phrase &#8220;at the time the claimed invention was made&#8221; in Pre-AIA 35 U.S.C. 103(c)?