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…

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How 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…

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What 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…

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What 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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