What is the significance of the effective filing date in invoking the AIA 35 U.S.C. 102(b)(2)(C) exception?

What is the significance of the effective filing date in invoking the AIA 35 U.S.C. 102(b)(2)(C) exception?

The effective filing date plays a crucial role in invoking the AIA 35 U.S.C. 102(b)(2)(C) exception. According to MPEP 717.02(b):

“The effective filing date is the filing date of the earliest application for which the application is entitled to a right of priority or benefit under 35 U.S.C. 119, 120, 121, 365, or 386, except as provided in 35 U.S.C. 154(d).”

The significance of the effective filing date is twofold:

1. For common ownership, the subject matter disclosed and the claimed invention must have been 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.
2. For joint research agreements, the agreement must have been in effect on or before the effective filing date of the claimed invention.

Therefore, applicants must ensure that the ownership or joint research agreement conditions are met by the effective filing date to successfully invoke the exception.

To learn more:

• AIA
• prior art exception
• 35 U.S.C. 102(b)(2)(C)
• effective filing date
• common ownership
• joint research agreement

To learn more:

• 35 U.S.C. 102(b)(2)(C)