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 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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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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How did the CREATE Act affect pre-AIA 35 U.S.C. 103(c)?

The Cooperative Research and Technology Enhancement Act of 2004 (CREATE Act) significantly expanded the scope of pre-AIA 35 U.S.C. 103(c). The MPEP states: “The CREATE Act amended pre-AIA 35 U.S.C. 103(c) to provide that subject matter developed by another person and a claimed invention shall be deemed to have been owned by the same person…

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How does the CREATE Act affect provisional rejections under pre-AIA 35 U.S.C. 103(a)?

The Cooperative Research and Technology Enhancement Act of 2004 (CREATE Act) affects provisional rejections under pre-AIA 35 U.S.C. 103(a) by potentially disqualifying certain prior art references. The MPEP states: For applications filed on or after November 29, 1999 or pending on or after December 10, 2004, a provisional rejection under pre-AIA 35 U.S.C. 103(a) using…

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