How does a joint research agreement affect the AIA first inventor to file provisions?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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 applies the 35 U.S.C. 102(b)(2)(C) exception to prior art. According to MPEP 2156 : “If the provisions of 35 U.S.C. 102(c) are met, common ownership or obligation of assignment to the same person of a claimed invention and a prior art disclosure may be established by showing that the disclosure was developed and made by or on behalf of parties to a joint research agreement.” This means that disclosures made under a JRA may not be considered prior art for determining obviousness, even under the first inventor to file system. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Disclosure Must Be Made Under Joint Research Agreement MPEP 2156 Prohibited Disclosure Required for Joint Research Agreement Subject Matter MPEP 2156 Required Names of Joint Research Agreement Parties Must Be Disclosed in Application MPEP 2156 Required Joint Research Agreement Subject Matter Under AIA 35 U.S.C. 102 and 103 Treated by 37 CFR 1.104(c)(4)(ii) MPEP 2156 Requirement for Joint Research Agreement Statement MPEP 2156 Required Joint Research Agreement Subject Matter Not Prior Art MPEP 2156 Required Definition of Joint Research Agreement MPEP 2156 Joint Research Agreement Must Be In Effect Before Filing Date and Linked to Invention MPEP 2156 Required Names of Joint Research Agreement Parties Must Be Included in Application MPEP 2156 Evidence for Joint Research Agreements Not Required Without Doubt MPEP 2156 Required Other ...