Cooperative Research and Technology Enhancement (CREATE) Act of 2004
Became Public Law No: 108-453.
Congressional Research Service
Official summary
Version 00 · Introduced in Senate · Mar 10, 2004
Cooperative Research and Technology Enhancement (CREATE) Act of 2004 - Amends Federal patent law to provide that patentability is not precluded on the basis of obviousness where subject matter which qualifies as prior art is developed by a person different from the person claiming the invention if: (1) 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; (2) the claimed invention was made as a result of activities undertaken within the scope of the agreement; and (3) the application for patent for the claimed invention discloses or is amended to disclose the names of the parties to the agreement. Defines "joint research agreement" to mean a written contract, grant, or cooperative agreement 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.
Source last updated: Aug 10, 2026. Consult Congress.gov for the current record.
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