    [Public Papers of the Presidents of the United States: George W. Bush (2006, Book II)]
    [September 5, 2006]
    [Pages 1611-1612]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Message to the Senate Transmitting the Patent Law Treaty and Regulations
    Under the Patent Law Treaty
    September 5, 2006

    To the Senate of the United States:
        With a view to receiving the advice and consent of the Senate to
    ratification, subject to the reservation outlined below, I transmit
    herewith the Patent Law Treaty and Regulations Under the Patent Law
    Treaty (the ``Treaty''), done at Geneva on June 1, 2000, between the
    Governments of 53 countries including the United States of America. I
    also transmit, for the information of the Senate, the Key Provisions of
    the Patent Law Treaty report prepared by the Department of State.
        Strong intellectual property protection is a cornerstone of free
    trade and global market access. This Treaty promotes patent protection
    by codifying, harmonizing, and reducing the costs of taking the steps
    necessary for obtaining and maintaining patents throughout the world.
    The provisions set forth in the Treaty will safeguard U.S. commercial
    interests by making it easier for U.S. patent applicants and owners to
    protect their intellectual property worldwide.
        The Treaty generally sets forth the maximum procedural requirements
    that can be imposed on patent applicants, and in addition, provides
    standardized requirements for obtaining a filing date from which no
    party may deviate. Additionally, the Treaty provides that applicants
    cannot be required to hire representation for, among other things, the
    purpose of filing an application and that patents may not be revoked or
    invalidated because of noncompliance with certain application
    requirements, unless the noncompliance is a result of fraud. The Treaty
    does not limit the United States from providing patent requirements that
    are more favorable to the patent applicant or patent owner than those
    set forth in the Treaty or from prescribing requirements that are
    provided for in our substantive law relating to patents. Additionally,
    the Treaty is not intended to limit the United States from taking
    actions that it deems necessary for the preservation of its essential
    security interests.
        This Treaty is in harmony with current U.S. patent laws and
    regulations, with minor exceptions to be addressed in proposed
    legislation. Because U.S. law does not require that each patent
    application apply to only one invention or inventive concept, and
    because the U.S. Patent and Trademark Office assesses that implementing
    a provision of the Treaty requiring ``unity of invention'' for all
    national applications would require a substantive and impractical change
    to our Patent Law, I recommend that the following reservation be
    included in the U.S. instrument of ratification, as allowed by the
    Treaty:
        Pursuant to Article 23, the United States declares that Article 6(1)
    shall not apply

    [[Page 1612]]

    to any requirement relating to unity of invention applicable under the
    Patent Cooperation Treaty to an international application.
        I recommend that the Senate give early and favorable consideration
    to this Treaty and give its advice and consent to its ratification,
    subject to the reservation described above.

                                                              George W. Bush

     The White House,

     September 5, 2006.