What is the effective date for establishing common ownership under AIA 35 U.S.C. 102(b)(2)(C)?

The effective date for establishing common ownership under AIA 35 U.S.C. 102(b)(2)(C) is tied to the effective filing date of the subsequent claimed invention. This provision is relevant in determining whether prior art can be considered under certain conditions. Specifically, if a prior application is owned by the same entity or person as the subsequent application, then the prior application is not considered prior art against the subsequent application.

By referencing the effective filing date of the subsequent claimed invention, this means that the ownership must be established as of that date for the common ownership provision to apply. This ensures that any underlying disclosures or claims in the prior application that might otherwise invalidate the novelty of the subsequent application do not pose a threat due to the common ownership.

This interpretation aligns with the intent of the AIA to provide a beneficial environment for innovators who are working within the same organization or entity. The other options do not accurately capture the relationship necessary for common ownership to mitigate the impact of prior art.