[Congressional Record Volume 157, Number 92 (Friday, June 24, 2011)]
[Extensions of Remarks]
[Pages E1198-E1199]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMERICA INVENTS ACT

                                 ______
                                 

                               speech of

                          HON. EARL BLUMENAUER

                               of oregon

                    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. BLUMENAUER. Madam Chair, I rise in support of H.R. 1249, which 
will help America maintain its distinction as the most innovative 
country in the world. For too long, independent inventors, small 
businesses, and America's leading universities and technology companies 
have been mired in a convoluted patent process that has stifled 
innovation and job creation. H.R. 1249 streamlines and clarifies the 
patent process, giving inventors and investors the certainty they need 
to expand their businesses and grow the economy.
  This legislation also gives the United States Patent and Trademark 
Office the tools it needs to process the hundreds of thousands of 
applications it receives every year, increasing their ability to adjust 
its fees to reflect the actual costs of the services it provides, to 
fast-track patent applications, and to expand opportunities for post-
grant review of patents. I remain deeply concerned that, under the 
manager's amendment, the Patent and Trademark Office will have fewer 
resources to pursue these objectives, a change which risks squandering 
the very opportunities created by the remainder of the legislation.
  Innovative stakeholders in my district have voiced concerns that the 
legislation's expansion of the defense of ``prior user rights'' will 
weaken their ability to protect their patentable innovations and give 
rise to widespread trade secret litigation, particularly for those 
areas of research the blend federal investment and private investment. 
I look forward to working with my colleagues to ensure these concerns 
are addressed, so that America's finest universities and research 
centers can continue their role as global leaders of innovation.
  H.R. 1249 is a strong step toward protecting the administration of 
our system of intellectual

[[Page E1199]]

property rights. This is a worthy bipartisan accomplishment. I am 
concerned that some of my colleagues have championed this bill as the 
ultimate job-creator and that once it passes, they will forget about 
the millions of Americans that are still struggling to find work. 
Patent reform is important, but what out-of-work Americans need most 
are jobs. I urge my colleagues to build on this bipartisan momentum and 
work together to rebuild and renew America's infrastructure, the most 
efficient way to create jobs and strengthen our economy.

                          ____________________