[Congressional Record Volume 142, Number 104 (Tuesday, July 16, 1996)]
[House]
[Page H7536]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
THE STEAL AMERICAN TECHNOLOGIES ACT
The SPEAKER pro tempore. Under the Speaker's announced policy of May
12, 1995, the gentleman from California [Mr Rohrabacher] is recognized
during morning business for 5 minutes.
Mr. ROHRABACHER. Mr. Speaker, the House will soon vote on a bill
concerning patent law in the United States of America, and that is a
ho-hum of an issue for most people. In fact, it is one of those issues
that people want to turn their radios off if it even comes on a local
talk show to discuss, but the fact is this piece of legislation will
make the difference as to whether or not America remains the leading
economic power on this planet or whether or not our economic
adversaries destroy us and destroy us as business competitors in a few
short years ahead. It will also determine whether or not those people
who are yawning at the other end of their radios saying should I listen
to this or forget it, whether or not their families will have the
standard of living that is higher than the standard of living of
working people around the world.
What has given America the edge has been our technological edge on
the competition. This has been true throughout our history, and we are
about to pass a bill that will dramatically change American patent law
and permit America's economic adversaries to steal every one of our new
innovative and technological ideas.
H.R. 3460 has already passed out of subcommittee and committee. I
have spoken to some of the members of that subcommittee who had no idea
what was in the legislation that they passed.
First of all, let us note that Patent Commissioner Bruce Lehman, our
patent commissioner, several years ago went and made a hushed agreement
with his counterpart in Japan, to do what? And we have a copy of that
agreement. That agreement superimposes, says we will superimpose the
Japanese patent system on the United States of America.
So, my colleagues, we are about to change our patent law and make it
exactly like the Japanese patent law, and of course we know the
Japanese are so creative. What we do know about Japan is that they are
not creative; they are improvers and perfecters, but they are not
creators. All the new ideas that have come out of that country, and now
they want to change our system to make it like Japan's. Also in Japan,
of course, the huge special interests steal from the ordinary people
any new idea that they have.
Well, this hushed agreement was first implemented when they tried to
sneak something into the GATT implementation legislation, and
succeeded, which ended the guaranteed patent term for Americans, and
again it is a ho-hum issue. Who could pay attention to little details
to whether the patent term is guaranteed or whether it is an uncertain
patent term?
Well, step No. 2 in trying to make our patent system like Japan's is
very easy to understand. It mandates that every American inventor who
applies for a patent will be forced to see every detail of his
invention published for the entire world, every Asian copycat, every
economic adversary of the United States. Every enemy of the United
States will have every one of our technological ideas before the patent
is issued to the inventor. This does not make sense to anybody. Nobody
says is that really happening?
Do not turn off that radio dial, Mr. and Mrs. America. Listen to the
details of what is going on, or we are going to find our children's
future being robbed because H.R. 3460 should be called the Steal
American Technologies Act. It mandates every one of our technological
secrets to be published for the world to steal, which will eliminate
America's technological edge and our ability to compete, and ultimately
the standard of living of our people will decline, and that will not be
ultimately 20 years from now, that will be ultimately 5 years from now.
This bill also obliterates the Patent Office. The one thing that we
have had, these civil servants at the Patent Office, these patent
examiners who struggle to define what you own as a patent applicant as
they issue your own patent, they are having basically their civil
service protection ripped away. They are eliminating the Patent Office;
literally they are obliterating. This is part of our Constitution, and
they are going to resurrect it as what? Sort of an independent quasi,
quasi-private corporation. This quasi-private corporation operation is
going to have no board of directors. It is not a part of the
legislation. Instead it creates a czar of patents who will be able to
be appointed for 5 years but cannot be removed unless it is for cause,
and that man, who is it going to be? The same guy who made the deal
with the Japanese to eliminate our patent system.
No; we need to save America's technology by voting against H.R. 3460
and for the Rohrabacher substitute which would replace the bad parts of
that bill. People need to talk to their Congress men and women, or the
big corporations who are in favor of this change will have their way
and the American people will lose our standard of living. People need
to talk to their congressmen to support the Rohrabacher substitute to
H.R. 3460, the Steal American Technologies Act.
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