[Congressional Record Volume 140, Number 111 (Thursday, August 11, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 11, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                      KEEP AMERICA'S PATENT SYSTEM

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from Maryland [Mrs. Bentley] is recognized for 5 minutes.
  Mrs. BENTLEY. Mr. Speaker, the American patent system is being 
targeted by Japan and some multinational companies by including changes 
in the patent system in the Uruguay Round of GATT now under 
consideration in Congress. Our competitors understand how critical the 
patent system is to America's economic strength.
  In the early 1900's the government of Japan wanted to determine what 
made the United States such an industrial power. A team of 
investigators was dispatched to determine why America was so successful 
and the team concluded it was because of the patent system.
  The official report stated:

       We looked about us to see what nations are the greatest, so 
     that we can be like them. . . . We said, what is it that 
     makes the United States such a great Nation? We investigated 
     and found that it was patents, and we will have patents.

  In the early 1980's Japan again determined the patent system was 
critical to America's industrial strength.
  The new GATT establishes the patent term for a minimum of 20 years 
from the time of filing. The U.S. agreed to this. Now, the changes 
being advocated in the legislation would change the patent term to a 
maximum of 20 years from the time of filing. Limiting a patent term 
from the time of filing would harm the inventors and small businesses 
because many patents would not make it through the system before the 
term expired.
  Many patents are not issued for several years. It was 29 years before 
Gordon Gould received his patent for the laser.
  A friend from Michigan called this morning to remind me that it took 
6 years for his patent to come through. There are many more stories 
about the length of time it takes to receive approval of a patent 
application. These changes will put the inventor at the mercy of the 
patent office. It is the patent office that delays patents and requires 
more information. If the United States copies the Japanese patent term 
which is 20 years from the filing date--then delaying the issuance of a 
patent for 18 or 22 years would rob the inventor of the patent 
protection for his invention.
  These changes which are being included in the GATT were originally 
agreed to by Bruce Lehman, Assistant Secretary and Commissioner of the 
Patent and Trade Mark Office in an agreement he signed with Japan in 
January. These changes to the patent term were agreed to without a 
public hearing and totally ignoring the wishes of the small inventor 
who is so important to our system.
  Under that system only the wealthy and powerful profited. To avoid 
this in America, authors and inventors are protected in the 
Constitution. Now, we once again are attempting to change the system to 
reward the rich and powerful, the big corporations. Inventors and small 
business cannot afford the money it takes for an invention with a short 
patent life. We cannot afford to accept these changes.
  Remember, foreign governments also have pushed to have the American 
patent system weakened because patents are one measure of a country's 
economic strength and future prosperity. High quality patents which 
often are cited in patent filings, signal 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. No wonder these foreign countries want to 
cripple the American patent system. We are winning the technology race 
for prosperity--so why are we throwing the race? These changes must not 
stand.

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