What are the time periods for submitting an amendment to disclose parties to a joint research agreement?

According to 37 CFR 1.71(g)(2), an amendment to disclose the names of the parties to a joint research agreement must be accompanied by the processing fee set forth in 37 CFR 1.17(i) if not filed within one of the following time periods:

1. Within three months of the filing date of a national application;
2. Within three months of the date of entry of the national stage as set forth in 37 CFR 1.491 in an international application;
3. Before the mailing of a first Office action on the merits; or
4. Before the mailing of a first Office action after the filing of a request for continued examination under 37 CFR 1.114.

If the amendment is filed after the date the issue fee is paid, additional requirements apply as stated in 37 CFR 1.71(g)(3):

If an amendment under paragraph (g)(1) of this section is filed after the date the issue fee is paid, the patent as issued may not necessarily include the names of the parties to the joint research agreement. If the patent as issued does not include the names of the parties to the joint research agreement, the patent must be corrected to include the names of the parties to the joint research agreement by a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323 for the amendment to be effective.

To learn more:

• Joint Research Agreement
• Patent Application
• Amendment
• AIA