[Congressional Record Volume 157, Number 101 (Friday, July 8, 2011)]
[Extensions of Remarks]
[Page E1273]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 H.R. 1249, THE ``AMERICA INVENTS ACT''

                                 ______
                                 

                  HON. HENRY C. ``HANK'' JOHNSON, JR.

                               of georgia

                    in the house of representatives

                          Friday, July 8, 2011

  Mr. JOHNSON of Georgia. Mr. Speaker, I rise today in support of the 
``America Invents Act.'' I strongly support this bill, which will 
foster innovation, economic growth, and help America maintain its 
global competitive edge.
  If we are going to have a healthy economy and be a global leader, we 
must have a healthy intellectual property system. In order to have a 
healthy intellectual property system, we must modernize our laws. 
Patent reform is integral to our economy.
  Currently, the United States is the world leader in issuing patents. 
In order to maintain our position and solidify our position as a global 
leader, we must enact patent reform as soon as possible.
  America is now on its way to the most significant patent reform in 
more than half a century. Our current patent system is outdated and in 
need in major reform. Pursuant to Article I, Section 8, Clause 8, 
``Congress shall have Power . . . [t]o promote the Progress of Science 
and useful Arts, by securing for limited Times to Authors and Inventors 
the exclusive Right to their respective Writings and Discoveries.'' 
This bill will strengthen our patent system and encourage innovation 
and drive economic growth.
  The ``America Invents Act'' includes much needed improvements to the 
patent system that will help to maintain America's place at the 
forefront of innovation. America's ability to drive economic growth and 
job creation through innovation is currently hampered by a massive 
backlog at the U.S. Patent and Trademark Office, USPTO. There is 
currently a backlog of approximately 700,000 patent applications.
  While I preferred Section 22 of H.R. 1249, as reported by the 
Judiciary Committee, that would allow the USPTO to retain all of its 
user fees, I am supportive of the USPTO funding agreement that was 
reached in the House. It is intended to end fee diversion and provide 
the USPTO access to its user fees. Moreover, I believe in the overall 
goal of the bill to efficiently issue patents to businesses--especially 
small businesses and startups--to develop new products and create jobs. 
This compromise will allow the USPTO to process applications more 
efficiently and produce higher-quality patents which makes them less 
likely to be subject to a court challenge.
  It is imperative that the USPTO have the resources it needs to hire 
more patent examiners and pay overtime to decrease this backlog. Every 
state in the United States of America has patent applications pending. 
In 2010, 2,194 patents were granted to residents in my home state of 
Georgia. The ``America Invents Act'' will ensure that residents in 
Georgia, and each and every State across the Nation, are granted 
patents in a speedy fashion.
  This bill will help inventors like Lonnie Johnson in Atlanta, 
Georgia. He invented the Super Soaker that generated hundreds of 
millions of dollars in profits, created jobs and became the number one 
selling toy in America. Lonnie Johnson currently holds over 80 patents 
and has over 20 more pending. The sooner this 700,000 patent 
application backlog is cut down, the sooner Lonnie Johnson, and other 
inventors, can get their inventions to market, grow the economy, and 
create jobs.
  Further, the ``America Invents Act'' will transition the United 
States from a first-to-invent system to a first-inventor-to-file 
system. This will bring the United States up to par with every other 
industrialized nation in the world. As business and competition becomes 
more global, patent applicants are increasingly filing patent 
applications in other countries for protection of their inventions. The 
first-to-invent filing system in the United States differs from that in 
other patent-issuing jurisdictions. This can cause confusion and 
inefficiencies for American companies and innovators.
  In a first-inventor-to-file system, the filing date of the 
application is most relevant: it is an objective date and is simple to 
determine because it is listed on the face of the patent. In contrast, 
in a first-to-invent system, the date the invention claimed in the 
application was actually invented is the determinative date. Unlike the 
objective date of filing, the date someone invents something is often 
uncertain, and, when disputed, typically requires corroborating 
evidence.
  The first-inventor-to-file system will simplify the patent 
application system and harmonize it with the rest of the industrialized 
world, reduce costs, and improve the competitiveness of American 
inventors seeking protection globally. These changes are necessary for 
true, comprehensive patent reform.
  I am extremely proud that our nation's universities will benefit from 
this bill. The patent system plays a critical role in enabling 
institutions like Georgia Institute of Technology and colleges 
belonging to the Atlanta University Center to transfer the discoveries 
arising from basic research into the commercial sector for development 
into products and processes that benefit society.
  Patent reform is not a partisan issue, but an issue of the fairest 
way to encourage inventors and investors to create and develop new 
products that will benefit universities, create jobs, and spur economic 
growth.
  Today marks a major milestone in moving this country forward. I was a 
freshman when patent reform last moved through the House in the 110th 
Congress. I am proud to be a part of this moment in history. The 
American people have waited long enough; Congress should act now to 
pass this important piece of legislation.
  I strongly support the ``America Invents Act'' and urge my colleagues 
to do the same. We are close to the finish line and need to push on and 
finish the race.

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