Is evidence required to support the existence of a joint research agreement?
Generally, evidence supporting the existence of a joint research agreement is not required, but the applicant may choose to provide it. The MPEP states:
“As is the case with establishing common ownership, the applicant may, but is not required to, present evidence supporting the existence of the joint research agreement. Furthermore, the Office will not request corroborating evidence in the absence of independent evidence which raises doubt as to the existence of the joint research agreement.“
This means that the USPTO typically accepts the applicant’s statement regarding the joint research agreement at face value, unless there is a specific reason to doubt its existence.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2156 - Joint Research Agreements,
Patent Law,
Patent Procedure