What is the purpose of pre-AIA 35 U.S.C. 103(c)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. Pre-AIA 35 U.S.C. 103(c) is designed to disqualify certain prior art for obviousness considerations under specific conditions. As stated in the MPEP, It is important to recognize that pre-AIA 35 U.S.C. 103(c) applies only to consideration of prior art for purposes of obviousness under 35 U.S.C. 103. It does not apply to or affect subject matter which is applied in a rejection under 35 U.S.C. 102 or a double patenting rejection. This provision helps to protect inventions that may have been developed within the same organization or under joint research agreements. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Pre-AIA 35 U.S.C. 103(c) Applies Only to Specific Prior Art MPEP 2146 Pre-AIA 35 U.S.C. 103(c) Cannot Overcome Double Patenting MPEP 2146 Prohibited Burden of Establishing Prior Art Disqualification MPEP 2146 Disclosure of Joint Research Agreement Parties Required MPEP 2146 Subject Matter Developed by Another Person Treated as Owned for Obviousness Determination MPEP 2146 Required Commonly Owned Prior Art Requirement MPEP 2146 Prior Art Not Disqualified Under 103(c) MPEP 2146 Pre-AIA 103(c) Does Not Affect Rejections Under 102 MPEP 2146 Common Ownership Exclusion for Prior Art MPEP 2146 Prior Art Exclusion for Commonly Owned Inventions MPEP 2146 Other Related FAQs 5 FAQs Collapse What is considered &#8220;commonly owned&#8221; under pre-AIA 35 U.S.C. 103(c)? What is the &#8220;create date&#8221; in the context of Pre-AIA 35 U.S.C. 103(c)? How has pre-AIA 35 U.S.C. 103(c) changed over time? How does Pre-AIA 35 U.S.C. 103(c) affect joint research agreements? What is the significance of the phrase &#8220;at the time the claimed invention was made&#8221; in Pre...