Abstract
Consistent with its stated purposes, CREATE will likely "foster improved communication among researchers, provide additional certainty and structure for those who engage in collaborative research, reduce patent litigation, and spur innovation and investment." However, the goal of reducing patent litigation incentives may not be so easily achieved. Indeed the incentive to invalidate an otherwise enforceable patent containing subject matter developed by research entities unable to assign the rights to a single entity has likely been eliminated. However, CREATE may open new doors to litigation for parties seeking to invalidate a patent by proving that the date of conception of an invention predates a qualifying joint research agreement. It also gives incentive to parties engaged in joint research programs to pursue obviousness-type double patents in order to maximize the return on their research investment. This will likely result in more litigation by parties attempting to prevent such an abuse.
Recommended Citation
2005 ULR 939 (2005)