[20050110]RS21882_合作研发和合作研究与技术增强（CREATE）法案.pdf

Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21882Updated January 10, 2005Collaborative R&D and the CooperativeResearch and Technology Enhancement(CREATE) Act Wendy H. SchachtSpecialist in Science and TechnologyResources, Science, and Industry DivisionSummaryThe Cooperative Research and Technology Enhancement (CREATE) Act, P.L.108-453, was signed into law on December 10, 2004. Reflecting congressional interestin encouraging cooperative research and development among universities, industry, andgovernment, this legislation addresses issues of patent ownership under collaborativeventures. The act amends 35 U.S.C. section 103 to permit the patenting of inventionsmade through joint research among multiple partners if certain conditions are met. Thechange is in response to a 1997 decision of the Federal Court of Appeals in OddzOnProducts, Inc., v Just Toys, Inc. which stated that absent an assignment of rights to asingle entity prior to the start of a research endeavor, the sharing of information amongmembers of a research team could render any resulting invention unpatentable becauseit does not meet the “nonobvious