the application for patent for the claimed invention discloses or is amended to disclose the names of the parties to the joint research agreement.(d) Patents and Published Applications Effective as Prior Art.—For purposes of determining whether a patent or application for patent is prior art to a claimed invention under subsection (a)(2), suchpatent or application shall be considered to have been effectively filed, with respect to any subject matterdescribed in the patent or application—(1)if paragraph (2) does not apply, as of the actual filing date of the patent or the application for patent; or(2)if the patent or application for patent is entitled to claim a right of priority under section 119, 365(a), 365(b), 386(a), or 386(b), or to claim the benefit of an earlier filing date under section 120, 121, 365(c), or 386(c), based upon 1 or more prior filed applications for patent, as of the filing date of the earliest such application that describes the subject matter.
35 U.S.C. 102 (PRE-AIA) Conditions for Patentability; Novelty and Loss of Right to Patent[Editor Note: With the exception of subsection (g)*), not applicable to any patent application subject to the first inventor to file provisions of the AIA (see 35 U.S.C. 100 (note) ). See 35 U.S.C. 102 for the law otherwise applicable.]A person shall be entitled to a patent unless —