How does the AIA joint research agreement provision differ from the CREATE Act?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. The AIA joint research agreement provision ( AIA 35 U.S.C. 102(c) ) and the CREATE Act have two major differences: The AIA provision is based on the effective filing date of the claimed invention, while the CREATE Act focuses on the date the claimed invention was made. The CREATE Act provisions only apply to obviousness rejections, whereas the AIA provision applies to both anticipation and obviousness rejections. As stated in the MPEP: “ The major differences between AIA 35 U.S.C. 102(c) and the CREATE Act are that: (1) the AIA provision is keyed to the effective filing date of the claimed invention, while the CREATE Act focuses on the date that the claimed invention was made; and (2) the CREATE Act provisions only apply to obviousness rejections and not to anticipation rejections. “ Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Differences Between AIA and CREATE Act Provisions for Obviousness Rejections MPEP 2156 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 Must Be In Effect Before Filing Date and Linked to Invention MPEP 2156 Required Requirement for Joint Research Agreement Statement MPEP 2156 Required Definition of Joint Research Agreement MPEP 2156 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 Joint Research Agreement Subject Matter Not Prior Art 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 O...