What is the relationship between Joint Research Agreements and the CREATE Act?
The relationship between Joint Research Agreements (JRAs) and the Cooperative Research and Technology Enhancement (CREATE) Act is significant in patent law. As explained in MPEP 2156:
“The CREATE Act was designed to promote cooperative research between universities, public sector organizations, and private sector organizations by providing a safe harbor against the use of certain prior art that would otherwise be available under pre-AIA 35 U.S.C. 102(e).”
The America Invents Act (AIA) incorporated the principles of the CREATE Act into the new 35 U.S.C. 102(c). This provision allows for the disqualification of certain prior art under 35 U.S.C. 102(a)(2) or pre-AIA 35 U.S.C. 102(e) if the conditions of a Joint Research Agreement are met.
Essentially, the CREATE Act laid the groundwork for the current JRA provisions, which continue to promote collaborative research by providing protections against certain types of prior art in patent applications.
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