What are the time requirements for submitting a joint research agreement amendment?
The time requirements for submitting a joint research agreement amendment are specified in 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:
- Within three months of the filing date of a national application
- Within three months of the date of entry of the national stage in an international application
- Before the mailing of a first Office action on the merits
- Before the mailing of a first Office action after the filing of a request for continued examination under 37 CFR 1.114
The MPEP states: 37 CFR 1.71(g)(2) provides that an amendment under 37 CFR 1.71(g)(1) must be accompanied by the processing fee set forth in 37 CFR 1.17(i) if it is 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.
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