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AIA 102(c)
Section (c) states that applicants can rely on common ownership or joint research agreement provisions to overcome rejections under 35 U.S.C. 102. It discusses what subject matter is considered as owned by the same person in light of joint research agreements. It essentially lists out the rules for common ownership concerning part (b)(2) of AIA 102.
This section states that subject matter is deemed to have been owned by the same person if the following conditions are met:
- the subject matter was developed and the claimed invention was made by or on behalf of 1 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 was made as a result of activities undertaken within the scope of the joint research agreement; and
- the application for patent for the claimed invention discloses or is amended to disclose the names of the parties to the joint research agreement.
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