What are the requirements for invoking a joint research agreement exception under AIA 35 U.S.C. 102(c)?
To invoke a joint research agreement exception under AIA 35 U.S.C. 102(c), three conditions must be met:
- The subject matter disclosed must have been developed and the claimed invention must have been 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 must have been made as a result of activities undertaken within the scope of the joint research agreement.
- The application for patent for the claimed invention must disclose, or be amended to disclose, the names of the parties to the joint research agreement.
As stated in the MPEP: “If these conditions are met, the joint research agreement prior art is not available as prior art under AIA 35 U.S.C. 102(a)(2).“
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2156 - Joint Research Agreements,
Patent Law,
Patent Procedure