How does the Joint Research Agreement affect prior art under AIA?

How does the Joint Research Agreement affect prior art under AIA?

The Joint Research Agreement (JRA) plays a significant role in determining prior art under the AIA. According to MPEP 2154.02(c), subject matter disclosed and a claimed invention shall be deemed to have been owned by the same person or subject to an obligation of assignment to the same person in applying the provisions of AIA 35 U.S.C. 102(b)(2)(C) if:

• The subject matter disclosed was developed and the claimed invention was made by, or on behalf of, one or more parties to a joint research agreement that was in effect on or before the effective filing date of the claimed invention;
• The claimed invention was made as a result of activities undertaken within the scope of the joint research agreement; and
• The application for patent for the claimed invention discloses or is amended to disclose the names of the parties to the joint research agreement.

This provision allows collaborators in a JRA to prevent their shared work from being used as prior art against each other’s patent applications, promoting collaborative research and development.

To learn more:

• Joint Research Agreement
• AIA
• Prior Art
• Common Ownership