Expanded Protection Under 35 U.S.C. '103(c) via the CREATE Act

On Dec. 10, 2004, 35 U.S.C. '103(c) was amended to expand the common ownership exception for prior art available under ''102(e), (f) and (g). <i>See</i> Cooperative Research and Technology Enhancement Act of 2004, Pub. L. 108-453, 118 Stat. 3596 (2004) (CREATE Act). The U.S. Patent and Trademark Office (USPTO) has published proposed rules to implement the CREATE Act and is currently accepting comments until Feb. 10, 2005. Changes to Implement the Cooperative Research and Technology Enhancement Act of 2004, 70 Fed. Reg. 1818 (2005) (proposed Jan. 11, 2005).

15 minute read January 27, 2005 at 08:54 AM
By
Patrick J. Birde and Payam Moradian
Expanded Protection Under 35 U.S.C. '103(c) via the CREATE Act

On Dec. 10, 2004, 35 U.S.C. '103(c) was amended to expand the common ownership exception for prior art available under ”102(e), (f) and (g). See Cooperative Research and Technology Enhancement Act of 2004, Pub.

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