What is the prior art exception under 35 U.S.C. 102(b)(2)(C)?

The prior art exception under 35 U.S.C. 102(b)(2)(C) allows certain disclosures to be excepted as prior art if they 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. This exception applies to disclosures that would otherwise be prior art under 35 U.S.C. 102(a)(2).

As stated in the MPEP: In order to invoke common ownership to except a disclosure as prior art, the applicant (or the patent owner) must provide a statement that the disclosure of the subject matter on which the rejection is based 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.

To learn more:

• prior art exception
• common ownership
• 35 U.S.C. 102(b)(2)(C)
• patent application

To learn more:

• 35 U.S.C. 102(b)(2)(C)