[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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