What is the prior art exception under AIA 35 U.S.C. 102(b)(2)(C)?
The prior art exception under AIA 35 U.S.C. 102(b)(2)(C) allows certain disclosures to be excluded as prior art if they meet specific criteria. According to MPEP 717.02(c), this exception applies when:
- 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.
It’s important to note that this exception only applies to prior art under 35 U.S.C. 102(a)(2) and not to prior art under 35 U.S.C. 102(a)(1).
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