[Congressional Record Volume 157, Number 91 (Thursday, June 23, 2011)]
[Extensions of Remarks]
[Pages E1174-E1175]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMERICA INVENTS ACT

                                 ______
                                 

                               speech of

                            HON. MIKE PENCE

                               of indiana

                    in the house of representatives

                        Wednesday, June 22, 2011

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 1249) to 
     amend title 35, United States Code, to provide for patent 
     reform:

  Mr. PENCE. Madam Chair, I rise in support of H.R. 1249, the America 
Invents Act, which is a carefully-crafted compromise that will 
modernize our nation's patent laws to allow for greater innovation, 
economic growth and job creation.
  Years of hard work have gone into this bill. I would like to 
congratulate and thank Chairman Smith and Rep. Goodlatte for their 
leadership and diligence.
  The Constitution vests in Article I, Section 8, clause 8, the power 
to Congress to ``promote the Progress of Science and useful Arts, by 
securing for limited Times to . . . Inventors the exclusive Right to 
their . . . Discoveries.''
  Our patent laws were written nearly sixty years ago, and it is time 
to update them to account for changes in our modern economy. It is 
Congress's power and responsibility to do so, especially with the 
problems that are evident with the patent system today.
  And not doing so will cost our country even more jobs. Patent reform 
is about jobs because intellectual property, like other forms of 
private property, is a pillar of economic prosperity. Part of creating 
a pro-growth environment in this country includes modernizing our 
patent laws.
  I have heard about the need for modernization from countless Hoosier 
business leaders, patent holders and entrepreneurs. Indiana has a long 
tradition of leadership in the life sciences and medical industry. 
Indiana also has a robust university research system, growing tech 
industry and, of course, a manufacturing industry that grows more high-
tech with each passing year.
  These and many other sectors of the Hoosier economy will benefit from 
the reforms in this bill. When inventors and entrepreneurs are able to 
protect their inventions and speed

[[Page E1175]]

them to market, it creates jobs not only for researchers and inventors, 
but also for factory workers, distributors, sales associates, and 
marketing teams to name a few.
  This bill will ensure that newly-issued patents will be strong, high-
quality patents that have gone through rigorous review. It will 
modernize the U.S. Patent and Trademark Office to reduce the current 
backlog of more than 700,000 patent applications, and it will ensure 
that the PTO, with proper congressional oversight, is able to retain 
the fees it collects to fund its operations. Finally, this patent 
reform bill will go a long way towards eliminating the lawsuit abuse 
that has become so prevalent in recent years.
  Of personal interest to me, I am pleased that the bill before us 
incorporates the changes to best mode that I obtained during the 2007 
patent reform debate and floor vote.
  American patent law currently requires that a patent application 
``set forth the best mode contemplated by the inventor of carrying out 
his invention'' at the time the application is filed. But providing the 
best mode is not a requirement in Europe, Japan or the rest of the 
world and it has become a vehicle for lawsuit abuse.
  In my view, the best mode requirement of American law imposes 
extraordinary and unnecessary costs on inventors. I have maintained 
since 2007 that best mode should be repealed in full, and I would 
continue to support a full repeal if possible today.
  But, at the very least, I am pleased that the bill before us, like my 
amendments from 2007, only retains best mode as a specifications 
requirement for obtaining a patent. Once the examiner is satisfied that 
the best mode has been disclosed, the issue is settled forever. Going 
forward, best mode cannot be used as a legal defense to infringement in 
patent litigation or a basis for a post-grant review proceeding.
  The America Invents Act will enable America to continue to be the 
world's leader in innovation. It will lay the groundwork for 
intellectual property protection that will help grow our economy and 
create jobs both in the Hoosier state and across the nation.
  After so many years, I am encouraged that we are on the cusp of 
passing this bill out of the Congress and sending it to the president. 
I urge my colleagues to support the America Invents Act today.

                          ____________________