How does the Joint Research Agreement affect prior art under AIA?

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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. The Joint Research Agreement (JRA) plays a significant role in determining prior art under the AIA. According to MPEP 2154.02(c) , subject matter disclosed and a claimed invention shall be deemed to have been owned by the same person or subject to an obligation of assignment to the same person in applying the provisions of AIA 35 U.S.C. 102(b)(2)(C) if: The subject matter disclosed was developed and the claimed invention was made by, or on behalf of, one or more parties to a joint research agreement that 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; and The application for patent for the claimed invention discloses or is amended to disclose the names of the parties to the joint research agreement. This provision allows collaborators in a JRA to prevent their shared work from being used as prior art against each other’s patent applications, promoting collaborative research and development. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Subject Matter Disclosed and Invention Must Be Owned by Same Person MPEP 2154.02(c) Common Ownership Exception for Prior Art Under AIA 35 U.S.C. 102(a)(2) MPEP 2154.02(c) Prior Art Exceptions Based on Inventor-Disclosed Information MPEP 2154.02 Common Ownership Exception Excludes Prior Art Under AIA 102(a)(2) MPEP 2154.02(c) Permitted AIA 35 U.S.C. 102(b)(2)(C) Exception Applies to Any U.S. Patent Document MPEP 2154.02(c) Permitted Types of Patent Documents as Prior Art Under AIA 102(a)(2) MPEP 2154 Common Ownership Exception for Prior Art Under AIA 35 U.S.C. 102(b)(2)(C) MPEP 2154....