How does the joint research agreement exception apply to prior art under AIA 35 U.S.C. 102(a)(1)?
The joint research agreement exception under AIA 35 U.S.C. 102(b)(2)(C) does not apply to disclosures that qualify as prior art under AIA 35 U.S.C. 102(a)(1). The MPEP clarifies:
“The AIA 35 U.S.C. 102(b)(2)(C) exception does not apply to a disclosure that qualifies as prior art under AIA 35 U.S.C. 102(a)(1) (disclosures made before the effective filing date of the claimed invention). Thus, if the issue date or publication date of a U.S. patent document is before the effective filing date of the claimed invention, it may be prior art under AIA 35 U.S.C. 102(a)(1), regardless of the fact that the claimed invention resulted from a joint research agreement and the disclosure was by a party to the agreement.“
This means that public disclosures made before the effective filing date of the claimed invention cannot be excepted under the joint research agreement provisions, even if they resulted from the agreement.
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