How do Joint Research Agreements apply to pre-AIA and AIA patent applications?
Joint Research Agreements (JRAs) apply differently to pre-AIA (before March 16, 2013) and AIA (on or after March 16, 2013) patent applications. According to MPEP 2156: For pre-AIA applications: “The joint research agreement provisions of 35 U.S.C. 103(c) as amended by the CREATE Act apply to applications for patent filed on or after December 10,…
Read MoreHow does a joint research agreement affect the AIA first inventor to file provisions?
How does a joint research agreement affect the AIA first inventor to file provisions? A joint research agreement (JRA) can have significant implications for the America Invents Act (AIA) first inventor to file provisions. Specifically: It can help prevent collaborators’ disclosures from being used as prior art against each other. It affects how the USPTO…
Read MoreHow does the AIA joint research agreement provision differ from the CREATE Act?
The AIA joint research agreement provision (AIA 35 U.S.C. 102(c)) and the CREATE Act have two major differences: The AIA provision is based on the effective filing date of the claimed invention, while the CREATE Act focuses on the date the claimed invention was made. The CREATE Act provisions only apply to obviousness rejections, whereas…
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