The CREATE Act of 2004: Observations and Open Issues After 18 Years

The Cooperative Research and Technology Enhancement (CREATE) Act of 2004¹ was enacted to remove certain obstacles to patenting inventions arising out of collaborative research by individuals at different institutions.

This article provides an overview of observations concerning the Act taken from 18 years of advising clients on its implementation. We discuss the scant case law to date interpreting the Act and also a few open questions relating to joint research agreements (JRAs), statutory and regulatory interpretation, terminal disclaimers and implications for licensing and enforcement.