How does the AIA joint research agreement provision differ from the CREATE Act?

The AIA joint research agreement provision (AIA 35 U.S.C. 102(c)) and the CREATE Act have two major differences:

1. The AIA provision is based on the effective filing date of the claimed invention, while the CREATE Act focuses on the date the claimed invention was made.
2. The CREATE Act provisions only apply to obviousness rejections, whereas the AIA provision applies to both anticipation and obviousness rejections.

As stated in the MPEP: “The major differences between AIA 35 U.S.C. 102(c) and the CREATE Act are that: (1) the AIA provision is keyed to the effective filing date of the claimed invention, while the CREATE Act focuses on the date that the claimed invention was made; and (2) the CREATE Act provisions only apply to obviousness rejections and not to anticipation rejections.“

To learn more:

• Joint Research Agreement
• AIA
• CREATE Act
• Patent Law Comparison