What common ownership condition is required under 102(b)(2)(C) for applications to be eligible for the common ownership exception?

The common ownership condition under 102(b)(2)(C) specifies that applications must be commonly owned at the effective filing date to qualify for the common ownership exception. This means that for the references cited against a patent to be disregarded under the provisions of this section, both the patent and the application must be owned by the same entity or person when assessing their eligibility.

The effective filing date is critical because it establishes the point in time at which the common ownership must exist. If both applications are not owned by the same entity at this date, the exception does not apply, which could affect the patentability of the invention.

Other options, such as requiring that applications be jointly filed by all inventors or filed by a single inventor, do not relate to the common ownership requirement as outlined in 102(b)(2)(C), where the focus is specifically on the ownership at the time of the effective filing date rather than the manner in which the applications are filed or the number of inventors involved. Similarly, the concept of assignment after the filing date is irrelevant because it addresses ownership changes that occur after the critical date, rather than confirming ownership at that point in time.