MPEP Section 2137.02, Applicability of 35 U.S.C. 103(c)

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This document contains Section 2137.02 ("Applicability of 35 U.S.C. 103(c) ") of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Eighth Revision (July 2010). This page was last updated in January 2011. You may return to the section index to find a particular section. Alternatively, you may search the MPEP using the search box that appears on the left side of every page of BitLaw--you may restrict your search to the MPEP on the search results page.

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2137.02 Applicability of 35 U.S.C. 103(c) [R-3]

35 U.S.C. 103(c) states that subsection (f) of 35 U.S.C. 102 will not preclude patentability where subject matter developed by another person, that would otherwise qualify under 35 U.S.C. 102(f), and the claimed invention of an application under examination were owned by the same person*>,< subject to an obligation of assignment to the same person>, or involved in a joint research agreement, which meets the requirements of 35 U.S.C. 103(c)(2) and (c)(3),< at the time the invention was made. See MPEP § 706.02(l) and § 2146.