Drafting Joint Research Agreements Under The Create Act Of 2004

Law360, New York (March 2, 2005, 12:00 AM EST) -- On December 10, 2004, President Bush signed into law the Cooperative Research and Technology Enhancement (CREATE) Act of 2004.

The purpose of the CREATE Act was to modify U.S. Patent Law, in response to a decision of the U.S. Court of Appeals for the Federal Circuit, to recognize that certain work owned by collaborators of a patent applicant should not be considered prior art for purposes of an obviousness determination.

The purpose of this Article is to set out guidelines on how joint research agreements should...
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