[Congressional Record Volume 143, Number 40 (Tuesday, April 8, 1997)]
[House]
[Page H1295]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             THE 21ST CENTURY PATENT SYSTEM IMPROVEMENT ACT

  (Mr. COBLE asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. COBLE. Mr. Speaker, I rise in support of H.R. 400, which will 
effectively end the practice of submarine patenting. A patent 
submariner resorts to dilatory tactics that inhibit the ability of the 
Patent and Trademark Office to review the application in an expedited 
manner.
  Submariners do not invest in the economy, nor do they hire workers 
and they do not invent anything. They sue innocent third parties who 
independently develop technology, invest in the economy and do in fact 
hire workers.
  How do we stop submariners and still guarantee 17 years of term? H.R. 
400 requires an 18-month publication. The innocent third party will be 
served with notice that a patent is pending and be able to move on to 
another invention. The rights of the patent applicant are in no way 
compromised, since he would receive protection at the time of 
publication, which means longer protection than inventors currently 
receive.
  Mr. Speaker, good patent policy concerns itself with more than the 
rights of the inventor. H.R. 400 improves our existing system by 
protecting the interests of all. I urge support of H.R. 400.

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