Common Ownership Under Joint Research Agreements

For JMM applications, this means that claims are subject to the broader provisions of the AIA booth (for example. B of the global revelations in each language) and to the „First-to-invent“ provisions of 35 . C us 102 (g), 135 and 291 (e.g. B evidence of previous inventions). However, as noted above, JMM applications are not subject to pre-AIA barriers to patentability, unless these barriers also apply under the AIA. 37 CFR 1.130 contains no provision that „[o]riginale exhibits of drawings or recordings, or photocopies of them, must accompany the affidavit or statement and be part of the affidavit, or their absence must be satisfactorily declared.“ Contrary to the need for such exposures in 37 CFR 1.131 (b), because in some cases, a statement or affidavit under 37 CFR 1.130 does not necessarily have to be accompanied by such exposures (for example. B a statement of the inventor or a common inventor may suffice). However, in cases where additional evidence is required, these exhibits must provide a statement or affidavit pursuant to 37 CFR 1.130. In addition, a declaration or affidavit after 37 CFR 1.130 must be accompanied by all the documents on which the applicant or patent holder wishes to rely.

For more information on the formal requirements of a declaration or affidavit and all attachments, please visit mpep No. 717.01 (c). As March 16, 2013 approaches, many patent filers are considering whether to hurry up and apply by March 15, 2013 and remain in the pre-AIA (the „devil of knowledge“ strategy). However, the danger in this strategy lies in the fact that an application filed prior to its preparation, i.e. without a full written description and/or activation support in the specifications for the claimed invention, may ultimately require a new application after 16 March 2013. It won`t help if you hurry to get a pre-AIA status. Patent applications should not be filed before their date – under the law before the AIA or aIA – but should be filed in a timely manner, once the necessary support information has been developed. This assertion alone is sufficient to prevent the object disclosed in Patent A from being used against the claims of Application X, in a case of refusal under 35 U.S.C 103.

Note that such a statement would also be effective in preventing the subject of exception disclosed in the A patent from being used in anticipation of the . C 35 U.S.