What is the Common Ownership Exception under AIA 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.

The Common Ownership Exception, as outlined in MPEP 2154.02(c), is a prior art exception under AIA 35 U.S.C. 102(b)(2)(C). This exception states that disclosures shall not be considered prior art under AIA 35 U.S.C. 102(a)(2) if:

• 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; or
• The subject matter disclosed was developed and the claimed invention was made by or on behalf of one or more parties to a joint research agreement in effect not later than the effective filing date of the claimed invention.

This exception is important for inventors and companies collaborating on research and development, as it prevents their own work from being used as prior art against them.