What are the requirements for invoking a joint research agreement exception under AIA 35 U.S.C. 102(c)?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

To invoke a joint research agreement exception under AIA 35 U.S.C. 102(c), three conditions must be met:

1. The subject matter disclosed must have been developed and the claimed invention must have been 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.
2. The claimed invention must have been made as a result of activities undertaken within the scope of the joint research agreement.
3. 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 the MPEP: “If these conditions are met, the joint research agreement prior art is not available as prior art under AIA 35 U.S.C. 102(a)(2).“