[Congressional Record (Bound Edition), Volume 160 (2014), Part 10]
[House]
[Pages 14640-14642]
[From the U.S. 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.
  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,

[[Page 14641]]



     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 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

[[Page 14642]]

for legal representation they may otherwise be unable to afford.
  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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