How do examiners handle applications where common ownership or a joint research agreement has not been established?
According to MPEP 717.02(c), when examining applications where common ownership or a joint research agreement has not been established, examiners will: Assume the subject matter disclosed in the reference is not excepted under 35 U.S.C. 102(b)(2)(C) Examine the application on all grounds other than the possible exception Consider the applicability of references under 35 U.S.C.…
Read MoreHow do examiners handle applications where common ownership or a joint research agreement has been established?
When common ownership or a joint research agreement has been established, examiners follow a specific procedure as outlined in MPEP 717.02(c): Examine the applications on all grounds, except the disclosure that is excepted as prior art under 35 U.S.C. 102(a)(2). Examine the applications for double patenting, including statutory and nonstatutory double patenting, and make a…
Read MoreHow does the AIA affect the treatment of common ownership in patent applications?
The America Invents Act (AIA) has significantly changed how common ownership is treated in patent applications. While MPEP 715.01(b) primarily deals with pre-AIA law, it provides guidance on the transition: For applications subject to current 35 U.S.C. 102, see MPEP § 2154.02(c). This reference to MPEP § 2154.02(c) indicates that for AIA applications, different rules…
Read MoreWhat is the relationship between AIA 35 U.S.C. 102(b)(2)(C) and joint research agreements?
What is the relationship between AIA 35 U.S.C. 102(b)(2)(C) and joint research agreements? AIA 35 U.S.C. 102(b)(2)(C) includes provisions for joint research agreements (JRAs) that can disqualify certain prior art. This relationship is important for collaborative research efforts. Key points include: Subject matter disclosed and claimed invention must have been made by or on behalf…
Read MoreHow does the AIA 35 U.S.C. 102(b)(2)(C) exception apply to joint research agreements?
How does the AIA 35 U.S.C. 102(b)(2)(C) exception apply to joint research agreements? The AIA 35 U.S.C. 102(b)(2)(C) exception applies to joint research agreements as follows: The subject matter disclosed and the claimed invention were made by or on behalf of parties to a joint research agreement. The agreement was in effect on or before…
Read MoreHow does the AIA 35 U.S.C. 102(b)(2)(C) exception apply to joint research agreements?
How does the AIA 35 U.S.C. 102(b)(2)(C) exception apply to joint research agreements? The AIA 35 U.S.C. 102(b)(2)(C) exception applies to joint research agreements as follows: The subject matter disclosed and the claimed invention were made by or on behalf of parties to a joint research agreement. The agreement was in effect on or before…
Read MoreWhat are the requirements for recording a joint research agreement with the USPTO?
Joint research agreements can be recorded with the USPTO as per 37 CFR 3.11(c). The MPEP states that the cover sheet for a joint research agreement must: Identify the document as a ‘joint research agreement’ in the description of interest conveyed Indicate the name of the owner of the application or patent Indicate the name…
Read MoreHow do I record a joint research agreement?
To record a joint research agreement (JRA) with the USPTO, follow these steps: Prepare the JRA document or an excerpt of it Complete a cover sheet, clearly identifying the document as a “joint research agreement” Submit the document and cover sheet to the USPTO As stated in MPEP 302.07: “If the document submitted for recordation…
Read MoreHow should a joint research agreement be recorded with the USPTO?
To record a joint research agreement with the USPTO, follow these steps based on 37 CFR 3.11(c) and 37 CFR 3.31(g): Prepare either a copy of the joint research agreement or an excerpt of it. Complete a cover sheet that includes: Identification of the document as a “joint research agreement” in the space for describing…
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