[Congressional Record (Bound Edition), Volume 161 (2015), Part 8]
[Senate]
[Page 10479]
[From the U.S. Government Publishing Office, www.gpo.gov]




          RECOGNIZING MARGARET A. FOCARINO AND JAMES D. SMITH

  Mr. LEAHY. Mr. President, I wish to take a moment to recognize two 
distinguished public servants who are leaving their positions at the 
U.S. Patent and Trademark Office, or USPTO,--Margaret ``Peggy'' 
Focarino, Commissioner for Patents, and James D. Smith, Chief 
Administrative Patent Judge. Both have played critical roles in 
bringing the USPTO into the 21st century by working tirelessly to 
implement the Leahy-Smith America Invents Act, the most comprehensive 
update of U.S. patent law since the 1950s. The patent system is one of 
the cornerstones of our economy. It drives innovation, growth, and job 
creation. This country has been fortunate to have dedicated leaders 
such as Ms. Focarino and Mr. Smith in key positions at this crucial 
Agency.
  Peggy Focarino became Commissioner for Patents in 2012, where she has 
been instrumental in developing and implementing administrative changes 
made by the Leahy-Smith act. Working collaboratively with all 
stakeholders in the patent community while implementing this law is a 
hallmark of her tenure as Commissioner for Patents. As someone who 
worked for nearly 6 years to pass comprehensive patent reform 
legislation, I can attest to the fact that it is not easy to bring all 
of these stakeholders together and build consensus. The provisions she 
worked to implement include the transition to first-inventor-to-file 
and the USPTO's fee-setting authority, but her work encompassed a 
number of other aspects of the Leahy-Smith act as well.
  Ms. Focarino's impressive tenure as Commissioner for Patents likely 
did not come as a surprise to anyone who followed her rise within the 
USPTO. She started at the Agency in 1977 as a patent examiner. In 1997, 
she was promoted to the senior executive service. Throughout her almost 
40 years at the USPTO, she distinguished herself as a leader within the 
Agency, receiving the Department of Commerce Silver Medal for 
Leadership in 2010. She also received American University's School of 
Public Affairs Roger W. Jones Award for Executive Leadership in 2010. 
While the USPTO will continue to do important work without her, there 
is little doubt that her leadership will be missed.
  James Smith also played a key role in the implementation of the 
Leahy-Smith act. Mr. Smith became the Chief Administrative Patent Judge 
in 2011. During his tenure, Mr. Smith worked to implement the postgrant 
review proceedings the law established. Thanks to Mr. Smith's 
leadership at the Patent Trial and Appeal Board, these postgrant 
proceedings have been successful in providing low-cost alternatives to 
litigation for reviewing the patentability of issued patents. His 
strong and varied background in the private sector, including time 
spent working on intellectual property issues at large companies and 
law firms, served him well as he helped the USPTO implement these 
essential components of the Leahy-Smith act.
  It is always difficult to see good public servants leave their roles. 
Ms. Focarino and Mr. Smith can look back proudly at their record of 
public service and point to meaningful accomplishments that have 
improved the U.S. patent system. I wish them both the best in their new 
endeavors.

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