[Congressional Record (Bound Edition), Volume 157 (2011), Part 3]
[Senate]
[Page 3409]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          AMERICA INVENTS ACT

  Mr. HATCH. Madam President, before the Senate moves to final passage 
of the America Invents Act of 2011, I wish to express my unequivocal 
support for this bill. This is not a perfect bill, but the fact is it 
is going to be a very important occasion to pass this because we 
haven't passed a major piece of patent legislation for over 60 years or 
around that length of time. It has been a long time in the making, but 
it is well worth the effort to modernize our patent system. Despite 
modifications along the way, the bill retains its strength and ability 
to bring about true reform.
  In considering our country's economic condition, the bill's passage 
could not come at a more opportune time. The America Invents Act is 
integral to creating jobs and spurring growth across all sectors of our 
country. After all, jobs and economic growth are crucial to maintaining 
our Nation's dominance in innovation and entrepreneurship.
  I would like to briefly mention a few key provisions of the act that 
improve our outdated patent system. These include transitioning to a 
first-inventor-to-file system, which all the rest of the world has; 
allowing third parties to submit relevant prior art during patent 
prosecution; creating a patent quality-enhancing supplemental 
examination process; and instituting a post-grant review and an inter 
partes reexamination expansion. All of that is extremely important.
  The bill provides fee-setting authority and addresses a long-felt 
need by the patent community and now by the majority of this body to 
end the practice--the obnoxious practice--of diverting fees from the 
U.S. Patent and Trademark Office. No wonder we have such a rough time 
getting things to work.
  Finally, the legislation makes important clarifications to tax 
strategy patents and creates a pilot program to review already-issued 
business method patents.
  This enumeration underscores a holistic approach that strikes the 
right balance. I hope everyone in this Chamber recognizes what we are 
accomplishing. We have come together in a bipartisan fashion to 
invigorate some of our country's greatest strengths--our ideas and our 
inventive spirit.
  Let me conclude my remarks by commending Senate Judiciary Committee 
chairman Pat Leahy for his leadership and tenacity in moving this bill 
through the Senate. He deserves a lot of credit. His vision and 
tireless efforts have made today's vote a reality. Together, we have 
worked on patent reform legislation since 2006--and in reality, even 
earlier than that--passing the torch of leadership along the way. One 
time, I was chairman; he has been chairman. It is satisfying to see the 
time has finally come to pass this bill.
  I would also like to acknowledge the hard work of our distinguished 
ranking member, Chuck Grassley. His unwavering support and commonsense 
approach have been invaluable in this process.
  I wish to acknowledge the various staff members of Senator Leahy, my 
staff, and Senator Grassley's staff for the work they have done on this 
bill--very important. Likewise, contributions of the members of the 
Senate Judiciary Committee and other Members of this body have enriched 
our debate.
  Finally, as I have said, I wish to thank our bill managers' staff for 
their sustained efforts throughout the process. Aaron Cooper, Bruce 
Cohen, Rita Lari Jochum, and Kolan Davis have been instrumental in 
getting us to this point. I also thank my own counsel, Matt Sandgren, 
who has done a terrific job on this bill for all these years we have 
been working on it, and Remy Yucel, my USPTO detailee, for her and 
Matt's commitment and perseverance over these many years. They have 
been a formidable team.
  I also acknowledge the important work of Joe Matal, Sarah Beth 
Groshart, Tim Molino, and Curtis LeGeyt.
  Madam President, passing the America Invents Act is the right thing 
to do, and I urge my colleagues to join in this monumental undertaking. 
It is the right thing to do, it will help our country, it is going to 
reestablish our patent laws in ways they should be, and it will stop 
the fee diversion that has been going on, assuming we can get help from 
the House as well, and I believe we will. It will be a bill that I 
think we will have to go to conference on and hopefully be able to 
perfect it even more. I am grateful for all who have been involved, and 
I hope and pray we can get this through both Houses of Congress and 
establish this monumental bill at a monumental time. It is very 
important in all our lives.
  Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mrs. SHAHEEN. Mr. President, I ask unanimous consent the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Casey). Without objection, it is so 
ordered.

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