[Congressional Record Volume 152, Number 107 (Tuesday, September 5, 2006)]
[Senate]
[Pages S8977-S8978]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      REMOVAL OF INJUNCTION OF SECRECY--TREATY DOCUMENT NO. 109-12

  Mr. FRIST. Mr. President, as in executive session, I ask unanimous 
consent that the injunction of secrecy be removed from the following 
treaty transmitted to the Senate on September 5, 2006, by the President 
of the United States: Patent Law Treaty and Regulations Under Patent 
Law Treaty, Treaty Document No. 109-12. I further ask unanimous consent 
that the treaty be considered as having been read the first time; that 
it be referred, with accompanying papers, to the Committee on Foreign 
Relations and ordered to be printed; and that the President's message 
be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The President's message is as follows:

To the Senate of the United States:

[[Page S8978]]

  With a view to receiving the advice and consent of the Senate to 
ratification, subject to the reservation outlined below, I transmit 
herewith the Patent Law Treaty and Regulations Under the Patent Law 
Treaty (the ``Treaty''), done at Geneva on June 1, 2000, between the 
Governments of 53 countries including the United States of America. I 
also transmit, for the information of the Senate, the Key Provisions of 
the Patent Law Treaty report prepared by the Department of State.
  Strong intellectual property protection is a cornerstone of free 
trade and global market access. This Treaty promotes patent protection 
by codifying, harmonizing, and reducing the costs of taking the steps 
necessary for obtaining and maintaining patents throughout the world. 
The provisions set forth in the Treaty will safeguard U.S. commercial 
interests by making it easier for U.S. patent applicants and owners to 
protect their intellectual property worldwide.
  The Treaty generally sets forth the maximum procedural requirements 
that can be imposed on patent applicants, and in addition, provides 
standardized requirements for obtaining a filing date from which no 
party may deviate. Additionally, the Treaty provides that applicants 
cannot be required to hire representation for, among other things, the 
purpose of filing an application and that patents may not be revoked or 
invalidated because of noncompliance with certain application 
requirements, unless the noncompliance is a result of fraud. The Treaty 
does not limit the United States from providing patent requirements 
that are more favorable to the patent applicant or patent owner than 
those set forth in the Treaty or from prescribing requirements that are 
provided for in our substantive law relating to patents. Additionally, 
the Treaty is not intended to limit the United States from taking 
actions that it deems necessary for the preservation of its essential 
security interests.
  This Treaty is in harmony with current U.S. patent laws and 
regulations, with minor exceptions to be addressed in proposed 
legislation. Because U.S. law does not require that each patent 
application apply to only one invention or inventive concept, and 
because the U.S. Patent and Trademark Office assesses that implementing 
a provision of the Treaty requiring ``unity of invention'' for all 
national applications would require a substantive and impractical 
change to our Patent Law, I recommend that the following reservation be 
included in the U.S. instrument of ratification, as allowed by the 
Treaty:

       Pursuant to Article 23, the United States declares that 
     Article 6(1) shall not apply to any requirement relating to 
     unity of invention applicable under the Patent Cooperation 
     Treaty to an international application.

  I recommend that the Senate give early and favorable consideration to 
this Treaty and give its advice and consent to its ratification, 
subject to the reservation described above.
                                                      George W. Bush.  
The White House, September 5, 2006.

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