What are the requirements for a valid Joint Research Agreement under MPEP 2156?

According to MPEP 2156, there are three key requirements for a valid Joint Research Agreement (JRA):

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;
2. The joint research agreement must have been in effect on or before the effective filing date of the claimed invention; and
3. The claimed invention must have been made as a result of activities undertaken within the scope of the joint research agreement.

The MPEP emphasizes:

“If these conditions are met, the AIA specifically provides that the claimed invention shall not be deemed to be owned by the same person or subject to an obligation of assignment to the same person for purposes of 35 U.S.C. 102(b)(2)(C).”

This provision allows collaborators to protect their inventions from being used as prior art against each other, promoting cooperation in research and development.

To learn more:

• Joint Research Agreement
• JRA Requirements
• Patent Collaboration
• 35 U.S.C. 102