[Congressional Record Volume 164, Number 158 (Tuesday, September 25, 2018)]
[House]
[Pages H8813-H8815]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SMALL BUSINESS INNOVATION PROTECTION ACT OF 2017
Mr. CHABOT. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 791) to amend the Small Business Act to expand intellectual
property education and training for small businesses, and for other
purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 791
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Innovation
Protection Act of 2017''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Administrator'' means the Administrator of
the SBA;
(2) the term ``Director'' means the Under Secretary of
Commerce for Intellectual Property and Director of the USPTO;
[[Page H8814]]
(3) the term ``SBA'' means the Small Business
Administration;
(4) the term ``small business concern'' has the meaning
given the term in section 3(a) of the Small Business Act (15
U.S.C. 632(a));
(5) the term ``small business development center'' means a
center described in section 21 of the Small Business Act (15
U.S.C. 648); and
(6) the term ``USPTO'' means the United States Patent and
Trademark Office.
SEC. 3. FINDINGS.
Congress finds that--
(1) the USPTO and the SBA are positioned to--
(A) build upon several successful intellectual property and
training programs aimed at small business concerns; and
(B) increase the availability of and the participation in
the programs described in subparagraph (A) across the United
States; and
(2) any education and training program administered by the
USPTO and the SBA should be scalable so that the program is
able to reach more small business concerns.
SEC. 4. SBA AND USPTO PARTNERSHIPS.
(a) In General.--Beginning not later than 180 days after
the date of enactment of this Act, the Administrator, in
consultation with the Director, shall develop partnership
agreements that--
(1) provide for the--
(A) development of high-quality training, including in-
person or modular training sessions, for small business
concerns relating to domestic and international protection of
intellectual property;
(B) leveraging of training materials already developed for
the education of inventors and small business concerns; and
(C) participation of a nongovernmental organization; and
(2) provide training--
(A) through electronic resources, including Internet-based
webinars; and
(B) at physical locations, including--
(i) a small business development center; and
(ii) the headquarters or a regional office of the USPTO.
SEC. 5. SMALL BUSINESS DEVELOPMENT CENTERS.
Section 21(c)(3) of the Small Business Act (15 U.S.C.
648(c)(3)) is amended--
(1) in subparagraph (S), by striking ``and'' at the end;
(2) in subparagraph (T), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(U) in conjunction with the United States Patent and
Trademark Office, providing training--
``(i) to small business concerns relating to--
``(I) domestic and international intellectual property
protections; and
``(II) how the protections described in subclause (I)
should be considered in the business plans and growth
strategies of the small business concerns; and
``(ii) that may be delivered--
``(I) in person; or
``(II) through a website.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Ohio (Mr. Chabot) and the gentlewoman from New York (Ms. Velazquez)
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 to revise and extend their remarks and include
extraneous materials on the bill 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.
Mr. Speaker, I rise today in support of S. 791, the Small Business
Innovation Protection Act of 2017.
As small-business entrepreneurs continue to expand both here and
abroad, they must have the tools they need to protect their
intellectual property. However, the process for obtaining intellectual
property protections both in the U.S. and abroad can be daunting, even
for the most experienced small-business owner.
We must ensure that small-business owners have the tools they need to
protect their innovative ideas and products, as intellectual property
protections are essential to promoting entrepreneurship and innovation.
Small-business owners often do not have the resources to protect
their ideas and products, especially when they are competing in the
international marketplace. Most simply cannot afford to retain
attorneys to guide them through the difficult process of obtaining
intellectual property protections, which leaves them vulnerable to
their innovative ideas and products being stolen both here in the
United States and internationally.
This legislation addresses this issue by developing a partnership
between the Small Business Administration, the SBA, and the United
States Patent and Trademark Office, USPTO, giving entrepreneurs the
full breadth of knowledge of a Small Business Development Center system
and the USPTO.
The bill utilizes existing resources at both agencies to better
assist small-business owners and expand their outreach efforts to
provide small businesses with the resources they need to address
intellectual property issues.
Considering the important role that small-business entrepreneurs play
in our global marketplace, it is our responsibility to ensure that they
have the resources they need to better protect their intellectual
property.
Mr. Speaker, I urge my colleagues to support this commonsense
legislation, and I reserve the balance of my time.
House of Representatives,
Committee on the Judiciary,
Washington, DC, September 20, 2018.
Hon. Steve Chabot,
Chairman, Committee on Small Business,
Washington, DC.
Dear Chairman Chabot, I write with respect to S. 791, the
``Small Business Innovation Protection Act.'' As a result of
your having consulted with us on provisions within S. 791
that fall within the Rule X jurisdiction of the Committee on
the Judiciary, I forego any further consideration of this
bill so that it may proceed expeditiously to the House floor
for consideration.
The Judiciary Committee takes this action with our mutual
understanding that by foregoing consideration of S. 791 at
this time, we do not waive any jurisdiction over subject
matter contained in this or similar legislation and that our
committee will be appropriately consulted and involved as
this bill or similar legislation moves forward so that we may
address any remaining issues in our jurisdiction. Our
committee also reserves the right to seek appointment of an
appropriate number of conferees to any House-Senate
conference involving this or similar legislation and asks
that you support any such request.
I would appreciate a response to this letter confirming
this understanding with respect to S. 791 and would ask that
a copy of our exchange of letters on this matter be included
in the Congressional Record during floor consideration of S.
791.
Sincerely,
Bob Goodlatte,
Chairman.
____
House of Representatives,
Committee on Small Business,
Washington, DC, September 20, 2018.
Hon. Bob Goodlatte,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Chairman Goodlatte: In reference to your letter of
September 20, 2018, I write to confirm our mutual
understanding regarding S. 791, the ``Small Business
Innovation Protection Act of 2017.''
I appreciate the House Committee on the Judiciary's waiver
of consideration of provisions under its jurisdiction and its
subject matter as specified in your letter. I acknowledge
that the waiver was granted only to expedite floor
consideration of S. 791 and does not in any way waive or
diminish the House Committee on the Judiciary's
jurisdictional interests over this or similar legislation. I
will support a request from the House Committee on the
Judiciary for appointment to any House-Senate conference on
S. 791 or similar legislation.
Again, thank you for your assistance with these matters.
Sincerely,
Steve Chabot,
Chairman.
Ms. VELAZQUEZ. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of S. 791, the Small Business
Innovation Protection Act of 2017.
Innovation is an indispensable element driving economic growth and
ensuring America's competitive edge in the global marketplace. In fact,
it is so important that studies show the IP industry supports an
estimated 30 percent of all jobs and contributes over $6 trillion to
U.S. GDP.
While many entrepreneurs understand the benefits of holding IP
rights, just as many do not know where to start or how to protect their
ideas overseas. The USPTO reported that just 15 percent of small
businesses that conduct overseas business understand they need to file
for IP protection abroad.
This bill addresses the problem by creating a partnership between the
two agencies best suited to take on this mission: the SBA and USPTO.
By leveraging existing IP education and training programs, and
utilizing the immense network of SBDCs, small firms will have all the
resources to better protect their interests both domestically and
internationally.
[[Page H8815]]
I applaud Senator Peters and Representative Evans for recognizing the
problem and working to advance the interests of our Nation's small
businesses.
Mr. Speaker, I urge Members to vote ``yes,'' and I reserve the
balance of my time.
Mr. CHABOT. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, S. 791 is the Senate counterpart to legislation
spearheaded on the House side by Mr. Evans and Mr. Fitzpatrick, both of
Pennsylvania. Once again, it is bipartisan legislation coming out of
the Small Business Committee.
That bill, H.R. 2655, was also reported unanimously out of our
committee this spring. I commend them on their work on this important
issue.
This legislation helps small businesses receive better access to
education and training opportunities both domestically and abroad.
A partnership between the Small Business Administration and the USPTO
would help more small-business owners learn how they can use
intellectual property to protect their ideas and products. This
important partnership between the two agencies will help to reach more
small-business owners and better prepare them for doing business both
here and abroad.
It is vital that small-business owners have as many tools and
resources as possible to help protect their innovative ideas from
intellectual property theft.
Mr. Speaker, I urge my colleagues to support this bipartisan
legislation, and I reserve the balance of my time.
Ms. VELAZQUEZ. Mr. Speaker, in line with the bills we are debating
today, this recognizes the special place small firms have in America's
economy and provides them a simple tool to protect themselves and their
ideas.
Today's bill leverages the current role of the USPTO and SBA to
educate and protect innovative entrepreneurs at home and abroad. Doing
so is paramount to remaining the global leader in innovation.
Mr. Speaker, I urge Members to support this bill.
Mr. Speaker, I would like to take this opportunity to thank the
ranking member--the chairman, Mr. Chabot, and the staff of both the
minority and the majority side. It has been a great pleasure working on
these nine bills.
Mr. Speaker, I yield back the balance of my time.
Mr. CHABOT. Mr. Speaker, I would just advise the gentlewoman not to
get ahead of herself there. It ain't happened yet, and I don't think it
is going to happen. But nonetheless, we have had a wonderful working
relationship over the years. I have been the chair; I have been the
ranking member. The gentlewoman from New York has been the chair and
the ranking member. We would like to keep it just the way it is now,
but we will see in about 6 weeks.
Mr. Speaker, I have already given the closing statement, so I yield
back the balance of my time.
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, S. 791.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________