[Congressional Record Volume 152, Number 132 (Tuesday, December 5, 2006)]
[House]
[Pages H8685-H8686]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   REGARDING WAIVER OF PATENT AND TRADEMARK REQUIREMENTS IN CERTAIN 
                              EMERGENCIES

  Mr. SENSENBRENNER. Madam Speaker, I move to suspend the rules and 
pass the bill (H.R. 4742) to amend title 35, United States Code, to 
allow the Director of the Patent and Trademark Office to waive 
statutory provisions governing patents and trademarks in certain 
emergencies.
  The Clerk read as follows:

                               H.R. 4742

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page H8686]]

     SECTION 1. WAIVER OF PATENT AND TRADEMARK REQUIREMENTS IN 
                   CERTAIN EMERGENCIES.

       Section 2 of title 35, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(e) Waiver of Requirements in Certain Emergencies.--The 
     Director may waive statutory provisions governing the filing, 
     processing, renewal, and maintenance of patents, trademark 
     registrations, and applications therefor to the extent the 
     Director deems necessary in order to protect the rights and 
     privileges of applicants and other persons affected by an 
     emergency or a major disaster, as those terms are defined in 
     section 102 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122). A decision not to 
     exercise, or a failure to exercise, the waiver authority 
     provided by this subsection shall not be subject to judicial 
     review.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Wisconsin (Mr. Sensenbrenner) and the gentleman from Michigan (Mr. 
Conyers) each will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin.


                             General Leave

  Mr. SENSENBRENNER. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on H.R. 4742 currently under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. SENSENBRENNER. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise in support of H.R. 4742, to amend title 35, 
United States Code, to allow the Director of the Patent and Trademark 
Office to waive statutory provisions governing patents and trademarks 
in certain emergencies.
  The devastation caused by Hurricane Katrina in the gulf region 
affected the ability of applicants, patentees, trademark holders and 
other interested parties to do business with the PTO.
  Following the disaster, the agency invoked as much administrative and 
statutory authority as it could to accommodate those affected. For 
example, the PTO created a toll-free hotline for victims to call with 
questions or problems; attempted to place calls to all registered 
practitioners in Alabama, Mississippi and Louisiana; blocked outgoing 
mail to those living at relevant ZIP codes in the region; vacated all 
outstanding examiners' actions, to be remailed at a later time; and 
accorded ``special consideration'' to all reductions of patent term 
adjustments where the applicant delay was attributable to the 
hurricane.
  Despite its best efforts to date, the PTO needs additional authority 
to provide individuals and businesses relief from certain statutory 
deadlines, especially those pertaining to the maintenance of granted 
patents and registered trademarks.
  Pursuant to the bill, the PTO may waive statutory provisions 
governing the filing, processing, renewal and maintenance of patents, 
trademark registrations and applications to the extent the director 
deems necessary to protect the rights and privileges of applicants and 
other persons affected by certain emergencies or a major disaster.
  Madam Speaker, this is a noncontroversial measure that will ensure 
that the PTO carries out its statutory mandates in a fair manner during 
emergency conditions.
  I urge Members to support it.
  Madam Speaker, I reserve the balance of my time.
  Mr. CONYERS. Madam Speaker, I yield myself such time as I may 
consume.
  I too rise in support of this legislation. H.R. 4742 has been 
reported favorably by the Committee on the Judiciary with no 
controversy.
  What we are talking about today responds in part to the devastation 
caused by Hurricane Katrina. We all know that among the hurricane's 
wide-ranging impact was the destruction of infrastructure and a legal 
maelstrom caused by judicially and statutorily imposed deadlines for 
filing documents and making payments. This also is the case with the 
patent law, which forces individuals and businesses to comply with 
statutory deadlines for patent and trademark filings in the midst of a 
natural disaster.
  The measure before us is designed to alleviate that pressure by 
permitting the Patent and Trademark Office director to extend statutory 
deadlines during emergencies. This section provides an opportunity to 
aid innovators who, because of devastation, might lose rights to their 
inventions and creation.
  I am pleased to join with those that urge the swift passage of H.R. 
4742.
  Mr. SMITH of Texas. Madam Speaker, I thank the Gentleman from 
Wisconsin for moving this legislatIon to the House floor.
  The Committee Chairman did a good job of summarizing how the bill 
works, so I won't repeat his description.
  I would point out that granting the additional authority to the PTO 
Director under H.R. 4742 is consistent with other actions by the 
Committee and Congress to assist other individuals and institutions in 
the Gulf region.
  This includes enactment of legislation that allows Federal courts 
during emergency conditions to operate outside of their geographic 
domains; provide transportation and subsistence expenses for indigent 
defendants; and delay or toll judicial proceedings.
  Madam Speaker, this is a good bill that will help inventors, 
trademark holders, and other interested parties maintain their 
intellectual property rights under adverse conditions.
  I urge Members to support H.R. 4742.
  Mr. CONYERS. Madam Speaker, I yield back the balance of my time.
  Mr. SENSENBRENNER. Madam Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Wisconsin (Mr. Sensenbrenner) that the House suspend the 
rules and pass the bill, H.R. 4742.
  The question was taken; and (two-thirds of those voting having 
responded in the affirmative) the rules were suspended and the bill was 
passed.
  A motion to reconsider was laid on the table.

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