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2.13 – 35 U.S.C. § 103 3rd Paragraph

35 usc 103c featured

 

“(1) Subject matter developed by another person, which qualifies as prior art only under one or more of subsections (e), (f), and (g) of section 102 of this title, shall not preclude patentability under this section where the subject matter and the claimed invention were, at the time the claimed invention was made, owned by the same person or subject to an obligation of assignment to the same person.
(2) For purposes of this subsection, subject matter developed by another person and a claimed invention shall be deemed to have been owned by the same person or subject to an obligation of assignment to the same person if —
(A) the claimed invention was made by or on behalf of parties to a joint research agreement that was in effect on or before the date the claimed invention was made;
(B) the claimed invention was made as a result of activities undertaken within the scope of the joint research agreement; and
(C) the application for patent for the claimed invention discloses or is amended to disclose the names of the parties to the joint research agreement.
(3) For purposes of paragraph (2), the term “joint research agreement” means a written contract, grant, or cooperative agreement entered into by two or more persons or entities for the performance of experimental, developmental, or research work in the field of the claimed invention.”

 

To summarize, the claimed invention is non obvious if the claimed subject matter is made, owned or subject to assignment to the same person at the time the invention was made.  Even if created by another inventions are considered owned by the same person or subject to assignment to the same person if the invention was may by or on behalf of a joint research agreement which was in effect before the invention was made, is a result of this JRA and the application lists or is amended to list the parties of the JRA.  A JRA is a written contract, grant or cooperative agreement by two or more persons/entities for the performance of experiment, developmental or research in the field of the claimed invention.