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Muna Abu-Shaar, an associate at Dechert, and Joshua H. Rawson and Samuel B. Abrams, partners at the firm, write that secret prior art by a party to a joint research agreement is treated as prior art and thus can potentially block the patenting of the other party's, or jointly owned, inventions developed in the course of joint research. The CREATE Act can be beneficially invoked to disqualify such secret prior art, but not without certain disadvantages. Agreements should be drafted with both the requirements for invoking the CREATE Act and the pitfalls of its invocation in mind.
October 14, 2008 at 12:00 AM
1 minute read
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