j$k1775388j$k
As with the determination of common ownership, the applicant may provide evidence of the existence of the joint search agreement, but is not required to do so. In addition, the Office will not request confirmatory evidence in the absence of independent evidence that raises doubts as to the existence of the joint search agreement. As noted above, exception AIA 35 U.S.C 102(b)(2)(C) does not apply to a disclosure under AIA 35 U.S.C. 102(a)(1) is considered prior art (disclosures made before the actual filing date of the claimed invention). Therefore, if the date of grant or publication of a U.S. patented document is before the actual filing date of the claimed invention, it may be prior art according to AIA 35 U.S.C. 102(a)(1), regardless of whether the claimed invention is the result of a joint search agreement and the disclosure is from a party to the agreement. AIA 35 U.S.C. 102 (c) sets out three conditions that must be met in order for the disclosure of subject matter, which might otherwise be considered prior art, and a claimed invention to be considered the property of the same person or an obligation, under a joint search agreement. C of transfer to the same person under a joint research agreement.
First, the disclosed subject matter must have been developed and the claimed invention must have been made by or on behalf of one or more parties to a joint search agreement in force on the effective filing date of the claimed invention or before the actual filing date of the claimed invention. See 35 U.S.C. 102(c)(1).