[House Report 109-22]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     109-22

======================================================================
 
ISSUANCE OF THE 500,000TH DESIGN PATENT BY THE UNITED STATES PATENT AND 
                            TRADEMARK OFFICE

                                _______
                                

   March 17, 2005.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                     [To accompany H. Con. Res. 53]

                  [Including Committee cost estimate]

  The Committee on the Judiciary, to whom was referred the 
concurrent resolution (H. Con. Res. 53) expressing the sense of 
the Congress regarding the issuance of the 500,000th design 
patent by the United States Patent and Trademark Office, having 
considered the same, report favorably thereon without amendment 
and recommend that the concurrent resolution be agreed to.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Vote of the Committee............................................     2
Committee Oversight Findings.....................................     2
New Budget Authority and Tax Expenditures........................     2
Committee Cost Estimate..........................................     2
Performance Goals and Objectives.................................     2
Constitutional Authority Statement...............................     3
Section-by-Section Analysis and Discussion.......................     3
Changes in Existing Law Made by the Bill, as Reported............     3
Markup Transcript................................................     3

                          Purpose and Summary

    The purpose of H. Con. Res. 53 is to commend 
DaimlerChrysler and its employees for receiving the 500,000th 
design patent awarded by the U.S. Patent and Trademark Office 
(USPTO).

                Background and Need for the Legislation

    On December 21, 2004, the USPTO issued the 500,000th design 
patent to DaimlerChrysler for the design of an automobile, the 
Chrysler Crossfire. Ranking Minority Member John Conyers Jr., 
whose district includes Detroit, introduced H. Con. Res. 53 to 
commemorate the achievement.

                                Hearings

    No hearings were held on House Concurrent Resolution 53.

                        Committee Consideration

    On March 3, 2005, the Subcommittee on Courts, the Internet, 
and Intellectual Property met in open session and ordered 
favorably reported the resolution H. Con. Res. 53 by voice 
vote, a quorum being present. On March 9, 2005, the Committee 
met in open session and ordered favorably reported the 
resolution H. Con. Res. 53 by voice vote, a quorum being 
present.

                         Vote of the Committee

    In compliance with clause 3(b) of Rule XIII of the Rules of 
the House of Representatives, the Committee notes that there 
were no recorded votes during consideration of H. Con. Res. 53.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of Rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of Rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of Rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

                        Committee Cost Estimate

    In compliance with clause 3(d)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee believes that 
the bill will generate no cost for the current fiscal year 
2005, and that the cost incurred in carrying out H. Con. Res. 
53 would be $0 for the next five fiscal years.

                    Performance Goals and Objectives

    H. Con. Res. 53 does not authorize funding. Therefore, 
clause 3(c)(4) of Rule XIII of the Rules of the House of 
Representatives is inapplicable. H. Con. Res. 53 commemorates 
DaimlerChrysler Corporation and its employees for receiving the 
500,000th design patent issued by the United States Patent and 
Trademark Office.

                   Constitutional Authority Statement

    Pursuant to Rule XI, clause 2(1)(4) of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8, clause 8 of the 
Constitution.

               Section-by-Section Analysis and Discussion

    On December 21, 2004, the USPTO issued the 500,000th design 
patent to DaimlerChrysler for the design of an automobile, the 
Chrysler Crossfire. H. Con. Res. 53 expresses the sense of 
Congress that the USPTO has contributed significantly to the 
nation's economy and that the DaimlerChrysler Corporation and 
its employees should be commended for their achievement in 
receiving the 500,000th design patent.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, the Committee notes that H. Con. 
Res. 53 makes no changes to existing law.

                           Markup Transcript



                            BUSINESS MEETING

                        WEDNESDAY, MARCH 9, 2005

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:00 a.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
    [Intervening business.]
    Chairman Sensenbrenner. The Chair now recognizes the 
gentleman from Texas on House Concurrent Resolution 53.
    Mr. Smith. Mr. Chairman, the Subcommittee on Courts, the 
Internet, and Intellectual Property reports favorably the bill, 
H. Con. Res. 53, and moves its favorable recommendation to the 
full House.
    Chairman Sensenbrenner. Without objection, H. Con. Res. 53 
will be considered as read and open for amendment at any point.
    [The resolution, H. Con. Res. 53, follows:]
      
      

  


      
      

  


    Chairman Sensenbrenner. The Chair recognizes the gentleman 
from Texas to strike the last word.
    Mr. Smith. Thank you, Mr. Chairman. I do move to strike the 
last word.
    Mr. Chairman, this House Con. Res. 53 was introduced by the 
Ranking Member of the full Committee, Mr. Conyers. It commends 
the U.S. Patent and Trademark Office for its contributions to 
the Nation's economy and the DaimlerChrysler Corporation and 
its employees for their achievement in receiving the 500,000th 
design patent issued by the PTO.
    I would like to congratulate Mr. Conyers on this 
legislation. I urge the Committee Members to support the bill.
    Chairman Sensenbrenner. Does the gentleman yield back?
    Mr. Smith. I yield back.
    Mr. Conyers. Mr. Chairman?
    Chairman Sensenbrenner. The gentleman from Michigan, Mr. 
Conyers?
    Mr. Conyers. I rise briefly to thank you and the 
Subcommittee chair, Lamar Smith, and all of our colleagues on 
the Subcommittee that has sent this up to the full Committee.
    What we are doing is thanking the United States Patent and 
Trademark Officer for issuing the 500,000th design patent to 
DaimlerChrysler for their design of the Chrysler Crossfire, and 
this House Concurrent Resolution thanks all of them, 
congratulates Chrysler, and helps remind everybody that Detroit 
and Michigan is still the automobile capital of the world.
    I thank all my colleagues for joining in with the Michigan 
congressional delegation in recognizing this occasion, and I 
return the balance of my time.
    Chairman Sensenbrenner. Without objection all Members can 
include opening statements at this point in the record.
    [The prepared statement of Mr. Conyers follows:]
Prepared Statement of the Honorable John Conyers, Jr., a Representative 
 in Congress from the State of Michigan, and Ranking Member, Committee 
                            on the Judiciary
    I rise in support of this legislation and thank my colleagues, 
Subcommittee Chairman Lamar Smith and Subcommittee Ranking Member 
Howard Berman, for cosponsoring it, and Chairman Sensenbrenner for 
scheduling it for markup.
    On December 21, 2004, the United States Patent and Trademark Office 
issued the 500,000th design patent to DaimlerChrysler Corporation for 
the design of the Chrysler Crossfire. House Concurrent Resolution 53 
expresses the sense of Congress that the Patent and Trademark Office 
has contributed significantly to the Nation's economy and that 
DaimlerChrysler and its employees should be commended for their 
achievement.
    As a member of the Judiciary Committee, I am well aware of the 
importance of intellectual property protection to our economy. 
Intellectual property rewards and encourages innovation and 
advancement; without it, we would not have the high-tech, biotech, and 
everyday inventions that we have come to rely upon in everyday life.
    I also am proud of this patent because I happen to represent the 
automobile capital of the world. It is no secret that Michigan boasts 
the finest auto workers in the world, and it should be no surprise that 
it is the design of an American car that received the award.
    It is for these reasons that I, along with other members who 
recognize the importance of intellectual property protection and 
several members of Michigan's congressional delegation, are recognizing 
this occasion.
    I urge my colleagues to vote ``Yes'' on this legislation.

    Chairman Sensenbrenner. Are there any amendments to House 
Concurrent Resolution 53?
    [No response.]
    Hearing none, without objection the previous question is 
ordered on reporting H. Con. Res. 53 favorably. We are still 
four short of a reporting quorum.
    [Intervening business.]
    Chairman Sensenbrenner. The question now is ordering 
favorably reported House Concurrent Resolution 53, which 
expresses the sense of Congress regarding the issuance of the 
500,000th design patent by the U.S. PTO. So many as are in 
favor of reporting this resolution favorably will as your names 
are--or will say aye.
    Opposed, no?
    The ayes appear to have it. The ayes have it. The 
Concurrent Resolution is reported favorably.
    Without objection the staff is directed to make any 
technical and conforming changes, and all Members will be given 
2 days as provided by the rules in which to submit additional 
dissenting supplemental or minority views.
    [Intervening business.]
    Chairman Sensenbrenner. There being no further business to 
come before the Committee, the Committee stands adjourned.
    [Whereupon, at 10:17 a.m., the Committee was adjourned.]

                                  
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