How does the joint research agreement exception apply to prior art under AIA 35 U.S.C. 102(a)(1)?

The joint research agreement exception under AIA 35 U.S.C. 102(b)(2)(C) does not apply to disclosures that qualify as prior art under AIA 35 U.S.C. 102(a)(1). The MPEP clarifies: “The AIA 35 U.S.C. 102(b)(2)(C) exception does not apply to a disclosure that qualifies as prior art under AIA 35 U.S.C. 102(a)(1) (disclosures made before the effective…

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What is the relationship between Joint Research Agreements and the CREATE Act?

The relationship between Joint Research Agreements (JRAs) and the Cooperative Research and Technology Enhancement (CREATE) Act is significant in patent law. As explained in MPEP 2156: “The CREATE Act was designed to promote cooperative research between universities, public sector organizations, and private sector organizations by providing a safe harbor against the use of certain prior…

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How 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…

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