[Congressional Record Volume 141, Number 18 (Monday, January 30, 1995)]
[House]
[Page H843]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


           GATT PROVISION REDUCES YEARS OF PATENT PROTECTION

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 4, 1995, the gentleman from California [Mr. Rohrabacher] is 
recognized during morning business for 5 minutes.
  Mr. ROHRABACHER. Mr. Speaker, before I get into the subject I had in 
mind this morning, I would like to just suggest that there has been a 
great double standard in this Congress for many, many years. Whenever 
conservative Republicans do anything, it is worthy of attack and all 
sorts of suspicion is being cast on whatever Republicans would do. 
Especially now that we are in control, we sense this double standard.
  For example, Newt Gingrich's book deal comes under tremendous attack 
while the Vice President's book deal, which is not substantially 
different, ends up, ``Well, that's just another book deal.'' Now we 
hear attacks on GOPAC, and the fact is that there are organizations 
around this city, environmental organizations, lawyer organizations, 
public employee union organizations which have the same sort of 
activities. But the focus has to be on GOPAC.
  I would have to say there is a double standard being applied. I would 
just ask that when the public hears charges made by political figures, 
that it be taken into consideration that this is a political city and 
often charges are made for political reasons.
  But what I have to discuss today is concerning a specific piece of 
legislation. Last year I vigorously opposed the GATT implementation 
legislation because in it was a provision that I and almost every 
inventor's organization in this country felt would drastically reduce 
the number of years of patent protection enjoyed by Americans.
  This provision was not required by the GATT but was placed in the 
implementing legislation by powerful interests who would profit by 
ripping off American inventors and investors. Read that Japanese and 
other multinational corporations as well as megadomestic corporations 
that use technology rather than create it.
  Covering this legal larceny, the United States Patent Office and the 
administration aggressively argued that the changes proposed would 
not--repeat that--would not decrease patent protection. In fact, they 
brushed off criticism, claiming terms for most patents would be 
increased by this change in the law. They used the prestige of their 
office to lie to us and to dismiss the opposition as not worthy of 
serious consideration.
  Well, now that GATT has been passed, a different tune is being heard. 
On January 16, the New York Times reported an enlightening statement 
made by Mike Kirk, Deputy Commissioner of the U.S. Patent and Trademark 
Office. Once the GATT implementation legislation goes into effect on 
June 8, Kirk now says that filing a patent after that day ``could 
substantially shorten the term of patent.'' What? ``Shorten the term of 
patent.'' This is the opposite of what Congress and the American people 
were being told before the GATT vote.

                              {time}  1250

  Somebody has been lying, which is known to happen when tens of 
billions of dollars are at stake.
  These patent changes, unless corrected will mean billions of dollars 
in royalties that would be paid to American inventors and investors, 
will now stay in the bank accounts of foreign corporations. It means 
technology paid for and invented in the United States will in a few 
short years be available to our world competitors to use against us for 
free.
  This crime against the American people can be prevented. I have 
introduced legislation that will restore American patent rights to the 
guaranteed 17-year term that was in place before passage of the GATT 
implementation legislation. This bill, H.R. 359 has over 108 
cosponsors. These people are protectionist, free traders, pro-GATT, 
anti-GATT, liberals, conservatives, Democrats, and Republicans. But 
what ties us all together is our commitment to do what is right by the 
American people. H.R. 359 is on the side of the little guy versus the 
big guy.
  We are protecting America's rights. When Americans invest something 
or they invest in new technology, foreign corporations should not be 
able to use it without paying royalties to use it to out-compete 
Americans.
  This is the travesty that passed through GATT. It was hidden in GATT. 
Now we are trying to correct that with H.R. 359.
  I ask my colleague in both parties to join me as cosponsors for H.R. 
359 and set the law right to prevent another crime against the American 
people, against American inventors and investors.
  On the Senate side I am proud to announce that the majority leader, 
Bob Dole, has cosponsored similar legislation which will now been known 
as the Dole-Rohrabacher bill.

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