What are the requirements for invoking the joint research agreement exception?

What are the requirements for invoking the joint research agreement exception?

To invoke the joint research agreement (JRA) exception and disqualify certain prior art, specific requirements must be met. According to MPEP 2156, these requirements include:

1. The subject matter disclosed must have been developed and the claimed invention made by, or on behalf of, one or more parties to a joint research agreement.
2. The joint research agreement must have been in effect on or before the effective filing date of the claimed invention.
3. The claimed invention must have been made as a result of activities undertaken within the scope of the joint research agreement.
4. The application for patent for the claimed invention must disclose or be amended to disclose the names of the parties to the joint research agreement.

As stated in MPEP 2156: “The AIA technical amendments revised 35 U.S.C. 102(c) to emphasize that the JRA must be in effect on or before the effective filing date of the claimed invention.” This emphasizes the importance of timing in establishing a valid JRA exception.

To learn more:

• Joint Research Agreement
• Exception Requirements
• Prior Art Disqualification
• Patent Application