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Cooperative Research and Technology Enhancement (CREATE) Act, Pub. L. No. 108-453 (enacted Dec. 10, 2004).


The Act made changes in U.S. patent laws to promote cooperative research and development among universities, government, and the private sector. The Act amended 35 U.S.C. §103(c) 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 patent application for the claimed invention discloses or is amended to disclose the names of the parties to the joint research agreement.

The Act was implemented by a final rule entitled “Changes to Implement the Cooperative Research and Technology Enhancement Act of 2004,” 70 Fed. Reg. 54259 (Sept. 14, 2005) (full-text).

See also[]

  • Wendy H. Schacht, "Collaborative R&D and the Cooperative Research and Technology Enhancement (CREATE) Act" (CRS Report RS21882) (full-text).