What is the 35 U.S.C. 102(b)(2)(C) exception?
The 35 U.S.C. 102(b)(2)(C) exception is a prior art exception that can be invoked to disqualify certain disclosures as prior art under 35 U.S.C. 102(a)(2). As stated in the MPEP:
It is important to recognize that the 35 U.S.C. 102(b)(2)(C) exception can only be invoked in regard to a disclosure that is applied in a rejection as prior art under 35 U.S.C. 102(a)(2) (disclosures in a U.S. patent, U.S. patent application, or WIPO published international application effectively filed before the effective filing date of the claimed invention).
This exception applies to commonly owned subject matter or subject matter resulting from a joint research agreement.
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