What is the significance of common ownership in overcoming prior art rejections?
Common ownership can be significant in overcoming certain prior art rejections, particularly those based on pre-AIA 35 U.S.C. 102(e), (f), or (g) in combination with 35 U.S.C. 103. If the applicant can show that the claimed invention and the subject matter of the prior art were commonly owned at the time the invention was made, it may be possible to overcome the rejection.
According to MPEP 715.01(b): Where, however, a rejection is applied under pre-AIA 35 U.S.C. 102(f)/103 or pre-AIA 35 U.S.C. 102(g)/103, or, in an application filed on or after November 29, 1999, under pre-AIA 35 U.S.C. 102(e)/103 using the reference, a showing that the invention was commonly owned, or subject to an obligation of assignment to the same person, at the time the later invention was made would preclude such a rejection or be sufficient to overcome such a rejection.
It’s important to note that common ownership alone does not automatically overcome all rejections. The specific circumstances and the basis of the rejection must be considered.
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