CREATE Act is now law, creating new type of 'double-patenting'

President Bush signed the Cooperative Research and Technology Enhancement (CREATE) Act of 2004 into law on December 10, 2004. The Act excludes secret prior art from the patentability determination in a patent application when the art and claimed invention arise under an established joint research relationship between different entities.

In effect, the Act creates a new category of double-patenting. Not to fear, though, 'double patents' arising under the Act must be tied together, both in term and enforcement, despite the fact that the Act itself is silent as to this requirement. Its up to the Patent and Trademark Office to promulgate regulations detailing the term and enforcement disclaimers that must be filed.

For more on the Act and putting it into practice, see this PTP post.