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United States · Bill · HR

H.R. 2391 (108th)

Intellectual Property Protection Act of 2004

openUnited States· United States Congress· EN

Introduced

9 June 2003

Last action

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Status

Placed on Senate Legislative Calendar under General Orders. Calendar No. 781.

Sponsors

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Subjects

Discovery layer

Source updated

10 August 2026

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Summary

Cooperative Research and Technology Enhancement (CREATE) Act of 2003 - Amends Federal patent and trademark law, with respect to denial of a patent to an individual who did not himself or herself invent the subject matter sought to be patented, to provide that such subject matter shall not be considered prior art or as evidence of obviousness. Revises the declaration that subject matter developed by another person, which qualifies as prior art, shall not preclude patentability where the subject matter and the claimed invention were owned by the same person or subject to an obligation of assignment to the same person. Requires such ownership or obligation of assignment to have been at the time of the earliest filing date for which a patent is sought. Excludes from this rule subject matter which currently qualifies as prior matter with respect to denial of a patent to an individual who did not himself or herself invent the subject matter sought to be patented. Precludes the amendments made by this Act from affecting: (1) any final decision of a court or the U.S. Patent and Trademark Office rendered before the enactment of this Act; or (2) the right of any party in any action pending before the entities on such enactment to have that party's rights determined on the basis of Federal Patent and Trademark law, in effect on the day before such enactment.

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Documents

14 official files

Reported to Senate (text)

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