35 USC 102(b)(2): Owned/Assigned
“The subject matter disclosed 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.”
Again, remember, 35 USC 102(b)(2) refers to
- U.S. patents
- U.S. patent application publications
- WIPO-published applications
- filed before the effective filing date of the claimed invention, but not issued or published until after the effective filing date of the claimed invention
- SO: The above would not be considered prior art against a claimed invention:
- if the claimed invention and the disclosed subject matter are owned by, or under an obligation to assign to, the same person before the effective filing date of the claimed invention