What is the purpose of MPEP 715.01(c)?

MPEP 715.01(c) provides guidance on how to overcome a rejection under pre-AIA 35 U.S.C. 102 when the reference cited is a publication of the inventor’s own invention. The section explains:

Unless it is a statutory bar, a rejection under pre-AIA 35 U.S.C. 102 prior art based on a publication may be overcome by a showing that it was published either by the inventor, at least one joint inventor, or on behalf of the inventor or at least one joint inventor.

This section is particularly relevant for patent attorneys and examiners dealing with pre-AIA applications.

To learn more:

• Pre-AIA
• 35 U.S.C. 102
• Prior Art
• Inventor’s Own Publication

To learn more:

• 35 U.S.C. 102