Discussion of CREATE

The CREATE Act [Cooperative Research and Technology Act of 2004] was generated in response to the decision in Oddzon v. Just Toys, 122 F.3d 1396.

Kevin E. Flynn of The Eclipse Group on CREATE:

Flynn urged parties considering a joint research agreements (“JRA”) to expressly address the rights and obligations of each party to enforce patents and disclose confidential information to the United States Patent and Trademark Office as may be required to obtain patent protection. Absent a written agreement between the parties addressing such issues, signing a joint research agreement could lead to unintended and undesired results. The undesired results can include authorizing your research partner to disclose your confidential material to the public through patent filings or risking that you will obtain a patent that you cannot enforce without the cooperation of your research partner.