[Congressional Record Volume 160, Number 131 (Monday, September 15, 2014)]
[House]
[Pages H7481-H7483]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1700
LAW SCHOOL CLINIC CERTIFICATION PROGRAM ESTABLISHMENT
Mr. CHABOT. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5108) to establish the Law School Clinic Certification
Program of the United States Patent and Trademark Office, and for other
purposes, as amended.
The Clerk read the title of the bill.
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The text of the bill is as follows:
H.R. 5108
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. USPTO LAW SCHOOL CLINIC CERTIFICATION PROGRAM.
(a) Establishment.--The Law School Clinic Certification
Program of the United States Patent and Trademark Office, as
implemented by the Office, is established as a program
entitled the ``Law School Clinic Certification Program''. The
Program shall allow students enrolled in a participating law
school's clinic to practice patent and trademark law before
the Office by drafting, filing, and prosecuting patent or
trademark applications, or both, on a pro-bono basis for
clients that qualify for assistance from the law school's
clinic. The Director shall establish regulations and
procedures for application to and participation in the
Program. All law schools accredited by the American Bar
Association are eligible for participation in the Program,
and shall be examined for acceptance using identical criteria
established by the Director. The Program shall be in effect
for the 10-year period beginning on the date of the enactment
of this Act.
(b) Report on the Program.--The Director shall, not later
than the last day of the 2-year period beginning on the date
of the enactment of this Act, submit to the Committees on the
Judiciary of the House of Representatives and the Senate a
report on the Program, describing the number of law schools
and law students participating in the Program, the work done
through the Program, the benefits of the Program, and any
recommendations of the Director for modifications to the
Program.
(c) Definitions.--In this section:
(1) Office.--The term ``Office'' means the United States
Patent and Trademark Office.
(2) Program.--The term ``Program'' means the Law School
Clinic Certification Program established in subsection (a).
(3) Director.--The term ``Director'' means the Under
Secretary of Commerce for Intellectual Property and Director
of the United States Patent and Trademark Office.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Ohio (Mr. Chabot) and the gentleman from New York (Mr. Jeffries) each
will control 20 minutes.
The Chair recognizes the gentleman from Ohio.
General Leave
Mr. CHABOT. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include extraneous materials on H.R. 5108, currently under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Ohio?
There was no objection.
Mr. CHABOT. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of H.R. 5108, a bill to establish the Law School
Clinic Certification Program of the United States Patent and Trademark
Office.
This bill has bipartisan support. I would like to thank the gentleman
from New York, Congressman Jeffries, for his leadership on this issue,
and I know that he will be speaking here on this matter shortly. It is
my pleasure to be the principal Republican cosponsor of the bill which
would make this successful pilot program available to law schools all
across the country.
This program was first established by the Patent and Trademark Office
in 2008 and has allowed law students at 45 participating schools to
practice patent or trademark law before the Patent and Trademark Office
under the guidance of a supervisor. This practical experience is
invaluable and is a worthwhile investment in our Nation's future
attorneys.
Expanding this program will also benefit our Nation's small
businesses. Through this program inventors and entrepreneurs will gain
access to quality legal services and protections that they otherwise
often could not afford. Additionally, establishing this program will
improve the quality of applications submitted to the Patent and
Trademark Office thereby hopefully streamlining the review process.
I am pleased to say that several universities from Ohio, my home
State, were already selected to participate in the current pilot
program. Those are Case Western Reserve University School of Law in the
Cleveland area and the University of Akron School of Law.
The CBO has examined and scored this bill finding that the costs are
quite reasonable, about $200,000 a year to operate in all 45
participating schools so we are really getting a bang for our buck with
this program.
I look forward to following the successes of this worthwhile program
as it unfolds, and I would urge my colleagues to support this
legislation.
Once again I want to thank the gentleman from New York (Mr. Jeffries)
for his leadership and the fact that this is a bipartisan bill. It is a
good thing to see this type of bill move its way through the House.
I reserve the balance of my time.
Mr. JEFFRIES. Mr. Speaker, I yield myself such time as I may consume.
H.R. 5108 is legislation designed to enhance the education of law
students interested in practicing patent and trademark law while
simultaneously helping small businesses, inventors, and entrepreneurs
secure patents and trademarks.
I am pleased to partner with my distinguished Judiciary Committee
colleague, Representative Chabot, and am thankful for his support and
leadership as well as for the support of Chairman Goodlatte and Ranking
Member Conyers on this meaningful, bipartisan legislation.
This bill will permanently establish the Law School Clinic
Certification Program at the United States Patent and Trademark Office.
Currently this program exists only in pilot form; however, it has
already helped budding intellectual property law students and attorneys
and the innovation sector throughout the country.
The pilot program began in 2008 with only six law schools. Over time
it grew to approximately 45 schools. To date more than 1,400 law
students have participated in this program.
Since the pilot began, law students under the supervision of a
skilled and experienced faculty adviser have submitted 220 patent
applications and approximately 650 trademark applications for clients
on a pro bono basis. Establishing this program in law will both ensure
its continuation and permit law schools throughout the country that
meet the PTO's qualifications to participate.
Intellectual property, of course, is a highly technical field.
Ordinarily, students do not have the opportunity to submit patent and
trademark applications until they become practicing attorneys. This
program will provide real-world professional training, and expanding it
will enable law students throughout the country to obtain invaluable
practical experience that will not only enhance their legal education
but will give students who participate in these clinics an opportunity
to more meaningfully engage in the job market upon their graduation.
Beyond the advantage to law students, however, this program also
provides significant benefits to inventors, entrepreneurs, and small
businesses that qualify for pro bono assistance. Some of these
inventors or small businesses may not be able to afford patent or
trademark attorneys.
In the absence of this program, they may be forced to navigate the
complicated legal terrain without technical and professional
assistance. The small inventor or start-up company of today may very
well become the next major American business of tomorrow in part due to
the assistance of the student practitioners and their faculty advisers
who participate in the PTO Law School Clinic Certification Program.
This legislation has the support of key stakeholders in the field
including the Association of American Universities as well as the
International Trademark Association.
In conclusion, let me again thank the distinguished gentleman from
Ohio (Mr. Chabot) for his leadership on this bipartisan legislation.
H.R. 5108 will help students, small businesses, inventors, startups,
law schools, as well as the innovation economy.
I urge my colleagues to support this bipartisan, meaningful
legislation, and I yield back the balance of my time.
Mr. CHABOT. Mr. Speaker, having no further requests for time, I will
yield back the balance of my time.
Mr. GOODLATTE. Mr. Speaker, H.R. 5108, the ``USPTO Law School Clinic
Certification Program Act,'' would make a law school clinic
certification pilot program at the USPTO available to all law schools
that provide an IP clinic program. I want to thank Rep. Jeffries and
Rep. Chabot and all the co-sponsors for putting forth this legislation.
Law school clinic programs provide practical hands on experience to
law students, preparing them for the real world, and provide
individuals and small business with an avenue for legal representation
they may otherwise be unable to afford.
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I expect that as the USPTO implements this program that they will
continue to maintain rigorous standards, to ensure that these clinic
programs meet the highest requirements and that the students
participating meet the standard educational and professional criteria
for practice before the office.
These IP law clinics are an essential part of law school and they are
an important way for schools to help innovators and small businesses
and start-ups in their local communities. I think this is a good bill
and I support its passage.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Ohio (Mr. Chabot) that the House suspend the rules and
pass the bill, H.R. 5108, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. CHABOT. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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