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

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The correct answer is the condition stating that the inventions must be commonly owned at the effective filing date. Under 35 U.S.C. § 102(b)(2)(C), a common ownership exception allows for certain prior art references that would otherwise bar a patentability assessment to be disregarded if the inventions claimed in both the application and the reference were commonly owned at the effective filing date of the application.

This requirement emphasizes the importance of ownership status at the time the application is filed. If two or more inventions are owned by the same entity or individual on the effective filing date, this can influence the determination of novelty and non-obviousness of a claimed invention, allowing the applicant more flexibility in demonstrating patentability against prior art references.

Other options do not reflect the specific legal requirement needed for the common ownership exception. Joint filing by inventors or a single inventor could pertain to other aspects of patent application processes but do not satisfy the specific condition set out in § 102(b)(2)(C). Similarly, the concept of an assignment after the filing date does not address the ownership status at the effective filing date, which is critical for eligibility under this statute.

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