What is the effective date for applying AIA 35 U.S.C. 102(b)(2)(C) exception?
What is the effective date for applying AIA 35 U.S.C. 102(b)(2)(C) exception?
The effective date for applying the AIA 35 U.S.C. 102(b)(2)(C) exception is crucial for determining its applicability. According to MPEP 2154.02(c):
“Even if the only differences between the subject matter disclosed by the reference and the claimed invention were made pursuant to a joint research agreement and there is common ownership or an obligation to assign to the same person, the AIA 35 U.S.C. 102(b)(2)(C) exception is not available if the subject matter disclosed was effectively filed before the effective filing date of the claimed invention.”
This means that the common ownership or joint research agreement must be in place no later than the effective filing date of the claimed invention. It’s important for inventors and patent applicants to ensure that any relevant agreements are properly documented and dated to take advantage of this exception.
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