[Congressional Record Volume 140, Number 104 (Tuesday, August 2, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 2, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                                  GATT

  (Mr. ROHRABACHER asked and was given permission to address the House 
for 1 minute and to revise and extend his remarks and to include 
extraneous matter.)
  Mr. ROHRABACHER. Mr. Speaker, as a free trader, I was a strong 
supporter of NAFTA. Normally I would be an enthusiastic vote for GATT. 
But there are stealth changes, imbedded in the GATT implementing 
legislation, that will make it impossible for me to support this trade 
deal. I am talking about the patent harmonization provision that if 
implemented will drastically dilute our inventors' patent rights.
  Our patent system has ensured the primacy of our country in 
biotechnology, electronics, environmental, and other futuristic 
industries. Protecting patent rights in the United States has been a 
mainspring of job and wealth creation.
  Now, the Japanese, and our own multinational corporations, are 
scheming to insidiously change our patent law.
  The big guys, Japanese and American, are using GATT as a cover for 
legalizing their own grand theft of the little guys inventions. Worse, 
these changes are not necessary for this trade deal, totally 
unnecessary to be in compliance with GATT.
  I ask my colleagues to oppose GATT unless the powers-that-be back off 
on this attack on our patent rights.
  Mr. Speaker, I include for the Record the following:

                                     House of Representatives,

                                    Washington, DC, July 29, 1994.
     Hon. William Jefferson Clinton,
     President of the United States, The White House, Washington, 
         DC.
       Dear Mr. President: We urge you to reconsider including the 
     administration provision in the GATT implementing legislation 
     that will fundamentally change our present patent system.
       The proposed changes in the law go beyond the General 
     Agreements on Tariffs and Trade (GATT) agreement, which was 
     signed by Vice President Gore in Marrakesh on April 15. The 
     changes would limit U.S. patents to 20 years from the date of 
     application; would provide for provisional applications 
     giving a U.S. filing date even though the application was 
     filed in a foreign language without claims or named 
     inventors; and would publish all applications 18 months after 
     filing.
       These changes have been demanded by Japan and are supported 
     by many multinationals. Neither the inventor, the small 
     businessman, nor the government will profit from this 
     critical change in American patent law. However, it will 
     benefit foreign companies who will able to copy technology 
     with impunity.
       For a number of years, Foreign governments have pushed to 
     have the American patent system weakened because patents are 
     one measure of a country's economic strength and future. The 
     New York Times, reports that high quality patents, (which are 
     patents most often cited in patent filings), are seen as a 
     symbol of a nation's future prosperity signaling the 
     emergence of important new technologies which will be under a 
     patent holder's exclusive control for many years. In 1993, 
     the United States led the world in influential patents with 
     59,588, which is almost twice as many as Japan, Italy, the 
     United Kingdom, France and Germany.
       This system, protected in the Constitution under Article I, 
     Section 8, Clause 8, must not be harmonized with foreign 
     systems without hearing the voice of the small inventors and 
     entrepreneurs in Congressional hearings.
       We urge you to reconsider the need to change our system to 
     accomodate these foreign companies. Americans have had the 
     incentive to forge ahead and develop many revolutionary 
     inventions that have made America a technology leader.
       This system, which protects the intellectual property of 
     the inventors and the American people must not be change 
     without adequate hearings. It is the secret of America's 
     success in job creation and industrial strength.
       Thank you for your prompt consideration.
           Sincerely,
         Helen Delich Bentley; Dana Rohrabacher; Terry Everett; Ed 
           Royce; Ken Calvert; Marcy Kaptur; G.L. Poshard; Bernard 
           Sanders; Tom Lewis; Duncan Hunter; Peter DeFazio; Mike 
           Bilirakis; George E. Brown, Jr.; James Traficant, Jr.; 
           Barbara F. Vucanovich; Dan Burton; Lucien E. Blackwell; 
           James H. Bilbray; Cass Ballenger; Elton Gallegly; Jill 
           Long; Gene Taylor; Bob Walker; Ron Klink; Sherrod 
           Brown; Chris Cox; John J. Duncan, Jr.; James 
           Sensenbrenner; Robert K. Dornan; Jerry Solomon; Rod 
           Grams.

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