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Issue 229 | July 9, 2004
Three I/P Bills Pass Senate on June 25

On June 25, 2004, the U.S. Senate passed the Cooperative Research and Technology Enhancement ("CREATE") Act of 2004 (S. 2192) that would allow patenting of obvious variations of inventions made under joint research agreements, if

  1. the claimed invention was made by or on behalf of parties to a joint research agreement (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.

The Protecting Intellectual Rights Against Theft and Expropriation Act of 2004 (S. 2237) was also approved by the full Senate on June 25. The somewhat controversial bill would let federal prosecutors file civil lawsuits against suspected copyright infringers. According to the Washington Post on June 25, a similar bill was approved by the House in March. "'Differences between the two bills were minimal and could be easily resolved,' said Republican Sen. John Cornyn of Texas, a sponsor of the bill."

Also passed by the Senate on June 25, the Artists’ Rights and Theft Prevention Act (S. 1932) would increase penalties for distribution of pre-released copyrighted works, provides a means for copyright owners to be compensated for economic harm caused by the theft and release of their work, and criminalizes the use of camcorders in theaters.

Visit the links above to monitor these bills as they move through the U.S. House of Representatives and the Office of the President.

For more on the latest USPTO procedures contact the author of this "APLF Update," Bill Heinze (bill.heinze@tkhr.com), at Thomas, Kayden, Horstemeyer & Risley LLP in Atlanta, Georgia USA and via the new "I/P Updates Blog" at http://billheinze.blogspot.com (RSS/Atom feeds).

The information contained in this email is provided for informational purposes only and does not represent legal advice. Neither the APLF nor the author intends to create an attorney client relationship by providing this information to you through this message.

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