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Changes To Implement the Cooperative Research and Technology Enhancement Act of 2004

The Cooperative Research and Technology Enhancement Act of 2004 (CREATE Act) amends the patent laws to provide that subject matter developed by another person shall be treated as owned by the same person or subject to an obligation of assignment to the same person for purposes of determining obviousness if three conditions are met: 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; 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. The United States Patent and Trademark Office (Office) is revising the rules of practice in patent cases to implement the CREATE Act.

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Current entry point
www.federalregister.gov/documents/2005/01/11/05-461/changes-to-implement-the-cooperative-research-and-technology-enhancement-act-of-2004 (permanent link in the Federal Register, verified 2026-09-30)
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Published
2005-01-11
Document type
Rule
Source
USPTO documents published in the Federal Register (Federal Register API)(retrieved 2026-10-06)

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