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2137.02 Applicability of 35 U.S.C. 103(c) [R-3] - 2100 Patentability

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.

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