How can the prior art exception under 35 U.S.C. 102(b)(2)(C) be invoked for joint research agreements?

The prior art exception under 35 U.S.C. 102(b)(2)(C) can also be invoked for joint research agreements. The MPEP outlines the requirements:

In order to invoke a joint research agreement to establish that the 35 U.S.C. 102(b)(2)(C) exception applies to a disclosure, the applicant (or patent owner) must provide a statement that the disclosure of the subject matter on which the rejection is based and the claimed invention were made by or on behalf of parties to a joint research agreement under 35 U.S.C. 102(c).

The statement must assert that:

• The agreement was in effect on or before the effective filing date of the claimed invention
• The claimed invention was made as a result of activities undertaken within the scope of the joint research agreement

Additionally, the names of the parties to the joint research agreement must be disclosed in the application.

To learn more:

• prior art exception
• 35 U.S.C. 102(b)(2)(C)
• joint research agreement
• patent application

To learn more:

• 35 U.S.C. 102(b)(2)(C)