Cooperative Research and Technology Enhancement (CREATE) Act of 2004
Public Law 108-453 · S. 2192 · 108th Congress · began in the Senate
Signed by George W. Bush (R) on Dec 10, 2004 · Commerce
Sponsor: Sen. Orrin Hatch (R-UT)
Cosponsors (7): Sen. Patrick Leahy, Sen. Herb Kohl,
Passage votes
- HouseUnanimous consent
- SenateUnanimous consent
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
Cooperative Research and Technology Enhancement (CREATE) Act of 2004 - Amends Federal patent law to provide that patentability is not precluded on the basis of obviousness where subject matter which qualifies as prior art is developed by a person different from the person claiming the invention if: (1) the claimed invention was made by or on behalf of parties to a joint research agreement that was in effect on or before the date the claimed invention was made; (2) the claimed invention was made as a result of activities undertaken within the scope of the agreement; and (3) the application for patent for the claimed invention discloses or is amended to disclose the names of the parties to the agreement. Defines "joint research agreement" to mean a written contract, grant, or cooperative agreement entered into by two or more persons or entities for the performance of experimental, developmental, or research work in the field of the claimed invention.
Committees
The committees the bill was sent to, and what each did with it.
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Related bills
1 bill the Library of Congress relates to this one.
H.R. 2391Related bill
Intellectual Property Protection Act of 2004
Data notes
Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 17 actions.
- Dec 10, 2004Became lawBecame law · Became Public Law No: 108-453.
- Became lawBecame law · Signed by President.
- Nov 29, 2004FloorFloor · Presented to President.
- Nov 20, 2004FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
- FloorFloor · On passage Passed without objection.
- FloorFloor · Considered by unanimous consent.
- FloorFloor · Mr. Sensenbrenner asked unanimous consent to take from the Speaker's table and consider.
- Jun 25, 2004FloorFloor · Held at the desk.
- FloorFloor · Message on Senate action sent to the House.
- FloorFloor · Received in the House.
- FloorFloor · Passed Senate without amendment by Unanimous Consent.
- Apr 29, 2004CalendarCalendar · Placed on Senate Legislative Calendar under General Orders. Calendar No. 484.
- CommitteeCommittee · Committee on the Judiciary. Reported by Senator Hatch without amendment. Without written report.
- CommitteeCommittee · Committee on the Judiciary. Ordered to be reported without amendment favorably.
- Mar 10, 2004CommitteeCommittee · Read twice and referred to the Committee on the Judiciary.
- CommitteeCommittee · Sponsor introductory remarks on measure. (CR S2558-2559)
- IntroducedIntroduced · Introduced in Senate
Data notes
Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.
Amendments
No amendments to this bill are on record.
Data notes
Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.
Official record
The bill’s full text is on Congress.gov. Data through Oct 7, 2026.