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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What are the requirements for invoking the joint research agreement exception?

What are the requirements for invoking the joint research agreement exception? To invoke the joint research agreement (JRA) exception and disqualify certain prior art, specific requirements must be met. According to MPEP 2156, these requirements include: The subject matter disclosed must have been developed and the claimed invention made by, or on behalf of, one…

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How does a Joint Research Agreement affect prior art under 35 U.S.C. 102(b)(2)(C)?

A Joint Research Agreement (JRA) can significantly affect how prior art is considered under 35 U.S.C. 102(b)(2)(C). According to MPEP 2156: “35 U.S.C. 102(b)(2)(C) provides that disclosures shall not be prior art under 35 U.S.C. 102(a)(2) if the subject matter disclosed and the claimed invention, not later than the effective filing date of the claimed…

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How does a joint research agreement affect patent examination under pre-AIA 35 U.S.C. 103(c)?

A joint research agreement can have significant effects on patent examination under pre-AIA 35 U.S.C. 103(c). The MPEP provides an example: “Employee B’s invention claimed in his application was made after the joint research agreement was entered into, and it was made as a result of activities undertaken within the scope of the joint agreement.…

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