What is the relationship between AIA 35 U.S.C. 102(b)(2)(C) and joint research agreements?
What is the relationship between AIA 35 U.S.C. 102(b)(2)(C) and joint research agreements?
AIA 35 U.S.C. 102(b)(2)(C) includes provisions for joint research agreements (JRAs) that can disqualify certain prior art. This relationship is important for collaborative research efforts. Key points include:
- Subject matter disclosed and claimed invention must have been made by or on behalf of parties to a JRA.
- The JRA must be in effect on or before the effective filing date of the claimed invention.
- The claimed invention must have been made as a result of activities within the scope of the JRA.
- The application must disclose or be amended to disclose the names of the parties to the JRA.
As stated in MPEP 717.02:
If the provisions of AIA 35 U.S.C. 102(b)(2)(C) are met, a disclosure is not prior art under AIA 35 U.S.C. 102(a)(2) if the subject matter disclosed and the claimed invention, not later than the effective filing date of the claimed invention, were owned by the same person or subject to an obligation of assignment to the same person. […] AIA 35 U.S.C. 102(c) provides that a joint research agreement can establish common ownership under AIA 35 U.S.C. 102(b)(2)(C) under certain conditions.
This provision encourages collaborative research by providing a mechanism to avoid certain prior art rejections for inventions resulting from joint research efforts.
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