How does the CREATE Act affect provisional rejections under pre-AIA 35 U.S.C. 103(a)?
The Cooperative Research and Technology Enhancement Act of 2004 (CREATE Act) affects provisional rejections under pre-AIA 35 U.S.C. 103(a) by potentially disqualifying certain prior art references. The MPEP states: For applications filed on or after November 29, 1999 or pending on or after December 10, 2004, a provisional rejection under pre-AIA 35 U.S.C. 103(a) using prior art under pre-AIA 35 U.S.C. 102(e) is not proper if the application contains evidence that the application and the prior art reference were owned by the same person, or subject to an obligation of assignment to the same person, at the time the invention was made.
This provision aims to encourage collaborative research efforts by limiting the use of certain prior art in obviousness rejections.
To learn more: