[Congressional Record Volume 157, Number 29 (Tuesday, March 1, 2011)]
[Senate]
[Pages S1052-S1053]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PATENT REFORM ACT OF 2011--Continued
Amendment No. 124
Mr. MENENDEZ. Mr. President, I ask unanimous consent to set aside the
pending business and I call up amendment No. 124, which is at the desk.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The legislative clerk read as follows:
The Senator from New Jersey [Mr. Menendez] proposes an
amendment numbered 124.
Mr. MENENDEZ. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To provide for prioritized examination for technologies
important to American competitiveness)
On page 104, strike line 23, and insert the following:
SEC. 18. PRIORITY EXAMINATION FOR TECHNOLOGIES IMPORTANT TO
AMERICAN COMPETITIVENESS.
Section 2(b)(2) of title 35, United States Code, is
amended--
(1) in subparagraph (E), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (F), by striking the semicolon and
inserting ``; and''; and
(3) by adding at the end the following:
``(G) may, subject to any conditions prescribed by the
Director and at the request of the patent applicant, provide
for prioritization of examination of applications for
products, processes, or technologies that are important to
the national economy or national competitiveness, such as
green technologies designed to foster renewable energy, clean
energy, biofuels or bio-based products, agricultural
sustainability, environmental quality, energy conservation,
or energy efficiency, without recovering the aggregate extra
cost of providing such prioritization, notwithstanding
section 41 or any other provision of law;''.
SEC. 19. EFFECTIVE DATE.
Mr. MENENDEZ. Mr. President, the goal of the patent reform
legislation is to incentivize investment in the American economy, to
create jobs, and allow this great country to continue to win in the
global marketplace.
The amendment I am offering here today would do just that. It would
incentivize innovation and investment by prioritizing patents that are
vital to the American economy and American competitiveness. It will
enable us, in essence, to incentivize that innovation by creating that
prioritizing.
My amendment would allow the Patent Office to prioritize patent
applications that are vital to our national interests.
Specifically, the amendment says the Patent Office Director may
prioritize the examination of applications for technologies that are
important to the national economy or national competitiveness, such as
green technologies designed to foster renewable energy, clean energy,
biofuels, agricultural sustainability, environmental quality,
conservation, or energy efficiency.
Currently, the Patent Office runs a green technology pilot program.
An application for green technologies may be fast-tracked, leading to
an expedited decision. This fast-track process is reserved for a small
number of applications that are vitally important, so it has little to
no adverse impact on other patent applications.
Currently, the patent process is rather lengthy. Patent decisions
regularly take 2 to 3 years for a final decision. Our country is at
risk of having vital new technologies buried in a sea of paperwork at
the Patent Office. We want to make sure patents that are important to
our national economy are fast-tracked rather than sidelined.
The goal here is to create jobs at home. We have to make sure the
Patent Office has the resources and ability to prioritize patents that
do just that--create jobs, incentivize investment, and support
innovation. The Patent Office supports this amendment because they need
the tools to make sure this bill reaches its intended goal of improving
America's economy.
This amendment will create green jobs and support America's
transformation to a self-sustaining economy that, among other things,
is not reliant on foreign oil.
It is vitally important we do our best to ensure that all Americans
have good-paying jobs and that we secure our Nation's economic future.
I ask my colleagues to support this amendment. It codifies an
existing, successful program at the Patent Office. It is good
commonsense policy that can help America propel forward in the 21st
century.
Mr. WHITEHOUSE. Mr. President, I rise today to speak about the
America Invents Act of 2011. As we all know, innovation, hard work, and
ingenuity long have been the fuel of the American dream. This bill will
make much needed improvements to our patent system to unleash the full
power of American innovation once again. I am proud to be a cosponsor.
Before I speak in more detail about the importance of this bill, I
would like to recognize the hard work of Senator Leahy, the chairman of
the Judiciary Committee. He long has sought to change our patent system
from a drag on innovation into a driver of innovation. Chairman Leahy
has led bipartisan negotiations on this bill, seeking input from all
segments of the American intellectual property community. I applaud his
work with Senator Grassley, Senator Hatch, and others of our colleagues
in bringing this much needed legislation to the floor.
I take particular interest in this bill because of Rhode Island's
long and proud history of innovation, from the birth of the American
industrial revolution to the high-tech entrepreneurs leading our State
forward today. An area has developed in Providence, for example, that
is rightfully known by the nickname ``the Knowledge District'' for its
remarkable innovation. We need to take every opportunity to support
such work across our Nation.
Make no mistake, this legislation will drive innovation and create
high-quality jobs. It will secure the foundations of new small
businesses, encourage the discoveries made every day in our
universities, and allow American companies to continue to lead the
world in technology, medicine, and mechanical science.
Patent reform may be complicated, but these are not abstract issues.
In my conversations with innovators in Rhode Island, it has become
clear to me that the problems in our patent system are real and need to
be fixed. Fail to do so and we will pay the price in jobs and
international competitiveness.
Perhaps the most consistent concern I have heard back home has
related to delays in the issuance of patents. Massive backlogs of
patent applications persist at the Patent and Trademark Office, causing
years of uncertainty over whether an innovator in fact has secured
intellectual property rights in his or her invention. We have to fix
this problem. Innovators in Rhode Island and elsewhere in this country
must be able to gain patent protection for their inventions within a
reasonable timeframe. Uncertainty and delay in patent protection will
dampen and frustrate innovation.
The America Invents Act takes on this problem by allowing the Patent
and Trademark Office discretion to set its own fees. Coupled with
exceptions that will ensure low fees for small businesses, this
provision will enable the Patent and Trademark Office to better manage
its resources and reduce examination times.
I also support Senator Coburn's amendment to restrict fee-diversion
and enable the Patent and Trademark Office, which does not depend at
all on taxpayer funding, to be properly resourced with examiners who
can work through the patent application backlog. This provision raises
issues
[[Page S1053]]
beyond the jurisdiction of the Judiciary Committee and as a result was
not considered previously, but I trust it will win the support of our
colleagues on the floor. I am glad that this provision has been
included in the managers' amendment, of which I am a cosponsor.
My conversations with Rhode Island inventors also made clear that the
fear of protracted litigation also dampens innovation. Unfortunately,
numerous poor-quality patents have issued in recent years, resulting in
seemingly endless litigation that casts a cloud over patent ownership.
Administrative processes that should serve as an alternative to
litigation also have broken down, resulting in further delay, cost, and
confusion.
The America Invents Act will take on these problems by ensuring that
higher quality patents issue in the future. This will produce less
litigation and create greater incentives for innovators to commit the
effort and resources to create the next big idea. Similarly, the bill
will improve administrative processes so that disputes over patents can
be resolved quickly and cheaply without patents being tied up for years
in expensive litigation.
This body must not pass up this chance to enhance innovation and
energize our economy. We must see this bill through the Senate, and we
must work with the House to see it passed promptly into law. It is true
that the bill is a compromise and may not reflect all of everyone's
priorities. Improvements to the bill may still be possible. To that
end, I expect a productive debate on the floor and a constructive
dialog with the House. I look forward to continuing to work with the
chairman, my colleagues, and all interested parties to craft a bill
that generates the broadest consensus possible.
But we must not lose sight of the need for action. Our patent system
has gone 60 years without improvements. It needs repair. Now is the
time to energize our innovation economy, to create jobs, and to secure
continuing American leadership in the fields of medicine, science, and
technology. Hard work and ingenuity long have been the backbone of this
country. Let's not get in their way.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. MENENDEZ. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Bennet). Without objection, it is so
ordered.
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