How does the AIA 35 U.S.C. 102(b)(2)(C) exception apply to joint research agreements?

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.

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 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.
• The application for patent for the claimed invention discloses or is amended to disclose the names of the parties to the joint research agreement.

As stated in MPEP 717.02(c): “If the provisions of AIA 35 U.S.C. 102(b)(2)(C) are met, the subject matter disclosed in the commonly owned or joint research agreement reference is not considered to be prior art under AIA 35 U.S.C. 102(a)(2) for both anticipation and obviousness rejections.”