[Congressional Record Volume 150, Number 31 (Thursday, March 11, 2004)]
[Extensions of Remarks]
[Page E355]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  COOPERATIVE RESEARCH AND TECHNOLOGY ENHANCEMENT (CREATE) ACT OF 2004

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                               speech of

                         HON. JOHN CONYERS, JR.

                              of michigan

                    in the house of representatives

                       Wednesday, March 10, 2004

  Mr. CONYERS. Mr. Speaker, I rise in support of this legislation. I 
cannot overstate the importance of encouraging collaboration when it 
comes to developing new technologies, particularly in the medical 
field. That is why Congress amended the patent laws in the mid-1980's 
to allow the patenting of inventions even when the inventions were not 
developed by a single person.
  Unfortunately, the Federal courts have interpreted the law in a way 
that vitiates our intent in enacting it in the first place. The Federal 
Circuit ruled in the OddzOn case that an inventor's knowledge of 
``secret prior art'' could prevent the issuance of a patent unless the 
inventor basically worked in the same organization that developed the 
prior art.
  This ruling is having a detrimental impact on innovation. Because 
many universities and other non-profits do not enter into the formal 
structures envisioned by OddzOn when they work to develop drugs and 
other technologies, they are losing patent protection and an incentive 
to work together. We will see a decline not only in collaborations but 
also in the development of life-saving drugs and other inventions.
  That is why I am pleased we are considering this bill, of which I am 
an original cosponsor. H.R. 2391 reiterates the importance of research 
collaborations by allowing them to obtain patent protection without 
entering into formal relationships. This legislation will encourage 
collaboration and spur innovation.
  I urge my colleagues to vote ``yes'' on this legislation.

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