What statement is required to invoke the prior art exception under 35 U.S.C. 102(b)(2)(C)?

To invoke the prior art exception under 35 U.S.C. 102(b)(2)(C), the applicant or patent owner must provide a specific statement regarding common ownership. The MPEP provides guidance on this statement:

The statement should either be on or begin on a separate sheet and must not be directed to other matters (37 CFR 1.4(c)). The statement must be signed in accordance with 37 CFR 1.33(b).

The statement should assert that the disclosure of the subject matter on which the rejection is based and the claimed invention were 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.

To learn more:

• prior art exception
• 35 U.S.C. 102(b)(2)(C)
• common ownership statement
• patent application

To learn more:

• 35 U.S.C. 102(b)(2)(C)