What is the significance of the AIA 35 U.S.C. 102(b)(2)(C) exception in patent examination?
The AIA 35 U.S.C. 102(b)(2)(C) exception is significant in patent examination as it disqualifies certain prior art that would otherwise be used against an application. Specifically, the MPEP states:
‘AIA 35 U.S.C. 102(b)(2)(C) provides that disclosures shall not be prior art under AIA 35 U.S.C. 102(a)(2) if the subject matter disclosed and the claimed invention, not later than the effective filing date of the claimed invention, were owned by the same person or subject to an obligation of assignment to the same person.’
This exception allows inventors to exclude certain disclosures from being used as prior art, potentially increasing the likelihood of patent approval.
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