[Congressional Record Volume 144, Number 150 (Tuesday, October 20, 1998)]
[Senate]
[Pages S12733-S12734]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          REPUBLICAN OBSTRUCTION OF PATENT REFORM LEGISLATION

 Mr. LEAHY. Mr. President, I have long been involved in high 
technology issues and those affecting American industry that relies on 
intellectual property at its core. Over a decade ago, I helped 
establish and chaired a Judiciary Committee Subcommittee on Technology 
and the Law. This year, we have successfully completed work on 
legislation to address the impending millennium bug with the Senate and 
House adopting the Hatch-Leahy substitute for S. 2392, the Year 2000 
Information and Readiness Disclosure Act.
  I have also worked closely with Senator Hatch on a number of other 
intellectual property measure including the Digital Millennium 
Copyright Act, H.R. 2281, the Trademark Law Treaty Implementation Act, 
S. 2193, and the United States Patent and Trademark Office 
Reauthorization Act, H.R. 3723. Working with Senators Daschle, 
Bingaman, Boxer, Harkin, Kohl and others, we have been able to put the 
interests of the nation and the nation's economic future first and 
enact significant legislation with respect to both copyright and 
trademark matters this year. Unfortunately, we have not made the 
progress that we should have on patent matters.
  A critical matter from the intellectual property agenda, important to 
the nation's economic future, is reform of our patent laws. I have been 
working diligently along with Senators

[[Page S12734]]

Daschle, Bingaman, Cleland, Boxer, Harkin and Lieberman to get the 
Omnibus Patent Act, S. 507, considered and passed by the Senate. It is 
an important measure to America's future. Working in tandem with 
Senator Hatch, we developed a good bill that was reported to the Senate 
by a vote of 17 to one over a year ago.
  We have been seeking Senate consideration and a vote for more than a 
year, but Republican objections have prevented its passage. Last month, 
I signed on to offer our patent bill as an amendment to the bankruptcy 
bill. I felt strongly that it was long past time for the Senate to 
consider this patent reform legislation. Unfortunately, Republican 
opposition, again, prevented Senate consideration and prevented the 
amendment from even being offered.
  I deeply regret that Republican objections succeeded in preventing 
Senator Hatch from even offering our amendment, in spite of the 
amendment spot that we had reserved for that purpose. I know that there 
is strong support for this measure and I know that no Senate Democrat 
has been preventing or objecting to its consideration.
  Anonymous Senate Republican have prevented the patent bill from being 
given the opportunity to be debated. This is not the way for the Senate 
to act. Republican objections killed patent reform silently, without 
fingerprints, and without debate.
  I want to thank Secretary Daley and the Administration for their 
unfailing support of effective patent reform. Our patent bill would be 
good for Vermont, good for American innovators of all sizes, and good 
for America. Unfortunately, some secret minority of Senate Republicans 
will not allow patent reform to proceed.
  The patent bill would reform the U.S. patent system in important 
ways. It would reduce legal fees that are paid by inventors and 
companies; eliminate duplication of research efforts and accelerate 
research into new areas; increase the value of patents to inventors and 
companies; and facilitate U.S. inventors and companies' research, 
development, and commercialization of inventions.
  Republican and Democratic Administrations alike, reaching back to the 
Johnson Administration, have supported these reforms. Last year, five 
former Patent Commissioners sent a letter to the President and to the 
members of the Senate supporting the patent reform bill.
  Senator Hatch and I agreed to incorporate suggestions from the White 
House Conference on Small Businesses and I am pleased to report that as 
a result, the White House Conference on Small Businesses, the National 
Association of Women Business Owners, the National Venture Capital 
Association, National Small Business United, and the Small Business 
Technology Coalition concluded that the bill would be of great benefit 
to small businesses.
  Unfortunately, because of Republican opposition to this bipartisan 
bill, the Senate will have no opportunity to consider this legislation 
to assist U.S. inventors small and large. I find this particularly 
unfortunate since our patent bill was geared toward improving the 
operational efficiency at the PTO and making government smaller and 
leaner.
  Today's inventors and creators can be much like those of Thomas 
Jefferson's day--individuals in a shop, garage or home lab. They can 
also be teams of scientists working in our largest corporations or at 
our colleges and universities. Our nation's patent laws should be fair 
to American innovators of all kinds--independent inventors, small 
businesses, venture capitalists and larger corporations. To maintain 
America's preeminence in the realm of technology we need to modernize 
our patent system and patent office. Our inventors know this and that 
is why they support this legislation.
  I have received many letters of endorsements for S. 507, some of 
which I placed into the Congressional Record on June 23, July 10 and 
July 16, from the following coalitions and companies: the White House 
Conference on Small Businesses, the National Association of Women 
Business Owners, the Small Business Technology Coalition, National 
Small Business United, the National Venture Capital Association, the 
21st Century Patent Coalition, the Chamber of Commerce of the United 
States of America, the Pharmaceutical Research and Manufactures of 
American (PhRMA), the American Automobile Manufacturers Association, 
the Software Publishers Association, the Semiconductor Industry 
Association, the Business Software Alliance, the American Electronics 
Association, the Institute of Electrical and Electronics Engineers, 
Inc., the Biotechnology Industry Organization, the International 
Trademark Association, IBM, 3M, Intel, Caterpillar, AMP, and Hewlett-
Packard. In addition, I have letters of support from the National 
Association of Manufacturers, TSM/Rockwell International, Obsidian, and 
Allied Signal.
  I am deeply disappointed that the Senate is being prevented from 
considering this important legislation by Republican recalcitrance. 
American inventors deserve better and America's future is being short 
changed.

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