How do Joint Research Agreements apply to pre-AIA and AIA patent applications?
Joint Research Agreements (JRAs) apply differently to pre-AIA (before March 16, 2013) and AIA (on or after March 16, 2013) patent applications. According to MPEP 2156:
For pre-AIA applications:
“The joint research agreement provisions of 35 U.S.C. 103(c) as amended by the CREATE Act apply to applications for patent filed on or after December 10, 2004.”
This means that for pre-AIA applications, JRAs can be used to disqualify prior art under 35 U.S.C. 103(c) for obviousness rejections.
For AIA applications:
“The AIA statutory provisions employing the ‘claimed invention’ are not effective for applications filed before March 16, 2013, or patents issued thereon.”
For AIA applications, JRAs can be used to disqualify prior art under 35 U.S.C. 102(b)(2)(C) and 102(c). This applies to both novelty and obviousness considerations.
The key difference is that AIA applications have broader protections under JRAs, covering both novelty and obviousness, while pre-AIA applications are limited to obviousness considerations.
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