What constitutes a valid joint research agreement under Pre-AIA 35 U.S.C. 103(c)?
What constitutes a valid joint research agreement under Pre-AIA 35 U.S.C. 103(c)? A valid joint research agreement under Pre-AIA 35 U.S.C. 103(c) must meet specific criteria to qualify for the exception. According to MPEP 2146.02: “The joint research agreement must be in writing and signed by all parties to the agreement. The agreement should specifically…
Read MoreWhat is a joint research agreement under pre-AIA 35 U.S.C. 103(c)?
A joint research agreement under pre-AIA 35 U.S.C. 103(c) is defined as a written contract, grant, or cooperative agreement entered into by two or more persons or entities for the performance of experimental, developmental, or research work in the field of the claimed invention, that was in effect on or before the date the claimed…
Read MoreWhat are the time requirements for submitting a joint research agreement amendment?
The time requirements for submitting a joint research agreement amendment are specified in 37 CFR 1.71(g)(2). An amendment to disclose the names of the parties to a joint research agreement must be accompanied by the processing fee set forth in 37 CFR 1.17(i) if not filed within one of the following time periods: Within three…
Read MoreHow can an applicant invoke the joint research agreement provisions to disqualify prior art?
To invoke the joint research agreement provisions and disqualify prior art under pre-AIA 35 U.S.C. 103(c), an applicant must: Amend the specification to disclose the names of the parties to the joint research agreement Submit a statement that the prior art and the claimed invention were made by or on behalf of parties to a…
Read MoreHow can an applicant establish common ownership under Pre-AIA 35 U.S.C. 103(c)?
How can an applicant establish common ownership under Pre-AIA 35 U.S.C. 103(c)? To establish common ownership under Pre-AIA 35 U.S.C. 103(c), an applicant must provide evidence or a statement to show that the claimed invention and the prior art reference were owned by the same person or subject to an obligation of assignment to the…
Read MoreHow can an applicant establish common ownership to disqualify prior art under pre-AIA 35 U.S.C. 103(c)?
An applicant can establish common ownership to disqualify prior art under pre-AIA 35 U.S.C. 103(c) by submitting a clear and conspicuous statement that the application and the reference were, at the time the invention was made, owned by, or subject to an obligation of assignment to, the same person. This statement must be signed in…
Read MoreWhat is the significance of the “as of the effective filing date” phrase in Pre-AIA 35 U.S.C. 103(c)?
What is the significance of the “as of the effective filing date” phrase in Pre-AIA 35 U.S.C. 103(c)? The phrase “as of the effective filing date” in Pre-AIA 35 U.S.C. 103(c) is crucial for determining the applicability of the common ownership or joint research agreement exception. According to MPEP 2146.02: “The phrase ‘as of the…
Read MoreWhat is common ownership under pre-AIA 35 U.S.C. 103(c)?
Common ownership under pre-AIA 35 U.S.C. 103(c) means that the subject matter which would otherwise qualify as prior art under pre-AIA 35 U.S.C. 102(e), (f), or (g) and the claimed invention must be entirely or wholly owned by, or under an obligation to assign to, the same person(s) or organization(s)/business entity(ies) at the time the…
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