Cooperative Research and Technology Enhancement (CREATE) Act of 2004
PL 108-453 (S.2192), enacted 12/10/2004

118 STAT. 3596
PUBLIC LAW 108–453—DEC. 10, 2004
Public Law 108–453
108th Congress
An Act
To amend title 35, United States Code, to promote cooperative research involving
universities, the public sector, and private enterprises.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Cooperative Research and Tech-
nology Enhancement (CREATE) Act of 2004’’.
SEC. 2. COLLABORATIVE EFFORTS ON CLAIMED INVENTIONS.
Section 103(c) of title 35, United States Code, is amended
to read as follows:
‘‘(c)(1) Subject matter developed by another person, which quali-
fies 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 inven-
tion 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 agree-
ment 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.’’.
SEC. 3. EFFECTIVE DATE.
(a) IN GENERAL.—The amendments made by this Act shall
apply to any patent granted on or after the date of the enactment
of this Act.
(b) SPECIAL RULE.—The amendments made by this Act shall
not affect any final decision of a court or the United States Patent
35 USC 103 note.
Cooperative
Research and
Technology
Enhancement
(CREATE) Act of
2004.
35 USC 1 note.
Dec. 10, 2004
[S. 2192]
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118 STAT. 3597
PUBLIC LAW 108–453—DEC. 10, 2004
LEGISLATIVE HISTORY—S. 2192 (H.R. 2391):
HOUSE REPORTS: No. 108–425 accompanying H.R. 2391 (Comm. on the Judici-
ary).
CONGRESSIONAL RECORD, Vol. 150 (2004):
June 25, considered and passed Senate.
Nov. 20, considered and passed House.
and Trademark Office rendered before the date of the enactment
of this Act, and shall not affect the right of any party in any
action pending before the United States Patent and Trademark
Office or a court on the date of the enactment of this Act to
have that party’s rights determined on the basis of the provisions
of title 35, United States Code, in effect on the day before the
date of the enactment of this Act.
Approved December 10, 2004.
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