[Congressional Record: October 20, 1998 (Senate)]
[Page S12733-S12734]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr20oc98-191]


          REPUBLICAN OBSTRUCTION OF PATENT REFORM LEGISLATION

<bullet> Mr. LEAHY. Mr. President, I have long been involved in high
technology issues and those affecting American industry that relies on
intellectual property at its core. Over a decade ago, I helped
establish and chaired a Judiciary Committee Subcommittee on Technology
and the Law. This year, we have successfully completed work on
legislation to address the impending millennium bug with the Senate and
House adopting the Hatch-Leahy substitute for S. 2392, the Year 2000
Information and Readiness Disclosure Act.
  I have also worked closely with Senator Hatch on a number of other
intellectual property measure including the Digital Millennium
Copyright Act, H.R. 2281, the Trademark Law Treaty Implementation Act,
S. 2193, and the United States Patent and Trademark Office
Reauthorization Act, H.R. 3723. Working with Senators Daschle,
Bingaman, Boxer, Harkin, Kohl and others, we have been able to put the
interests of the nation and the nation's economic future first and
enact significant legislation with respect to both copyright and
trademark matters this year. Unfortunately, we have not made the
progress that we should have on patent matters.
  A critical matter from the intellectual property agenda, important to
the nation's economic future, is reform of our patent laws. I have been
working diligently along with Senators

[[Page S12734]]

Daschle, Bingaman, Cleland, Boxer, Harkin and Lieberman to get the
Omnibus Patent Act, S. 507, considered and passed by the Senate. It is
an important measure to America's future. Working in tandem with
Senator Hatch, we developed a good bill that was reported to the Senate
by a vote of 17 to one over a year ago.
  We have been seeking Senate consideration and a vote for more than a
year, but Republican objections have prevented its passage. Last month,
I signed on to offer our patent bill as an amendment to the bankruptcy
bill. I felt strongly that it was long past time for the Senate to
consider this patent reform legislation. Unfortunately, Republican
opposition, again, prevented Senate consideration and prevented the
amendment from even being offered.
  I deeply regret that Republican objections succeeded in preventing
Senator Hatch from even offering our amendment, in spite of the
amendment spot that we had reserved for that purpose. I know that there
is strong support for this measure and I know that no Senate Democrat
has been preventing or objecting to its consideration.
  Anonymous Senate Republican have prevented the patent bill from being
given the opportunity to be debated. This is not the way for the Senate
to act. Republican objections killed patent reform silently, without
fingerprints, and without debate.
  I want to thank Secretary Daley and the Administration for their
unfailing support of effective patent reform. Our patent bill would be
good for Vermont, good for American innovators of all sizes, and good
for America. Unfortunately, some secret minority of Senate Republicans
will not allow patent reform to proceed.
  The patent bill would reform the U.S. patent system in important
ways. It would reduce legal fees that are paid by inventors and
companies; eliminate duplication of research efforts and accelerate
research into new areas; increase the value of patents to inventors and
companies; and facilitate U.S. inventors and companies' research,
development, and commercialization of inventions.
  Republican and Democratic Administrations alike, reaching back to the
Johnson Administration, have supported these reforms. Last year, five
former Patent Commissioners sent a letter to the President and to the
members of the Senate supporting the patent reform bill.
  Senator Hatch and I agreed to incorporate suggestions from the White
House Conference on Small Businesses and I am pleased to report that as
a result, the White House Conference on Small Businesses, the National
Association of Women Business Owners, the National Venture Capital
Association, National Small Business United, and the Small Business
Technology Coalition concluded that the bill would be of great benefit
to small businesses.
  Unfortunately, because of Republican opposition to this bipartisan
bill, the Senate will have no opportunity to consider this legislation
to assist U.S. inventors small and large. I find this particularly
unfortunate since our patent bill was geared toward improving the
operational efficiency at the PTO and making government smaller and
leaner.
  Today's inventors and creators can be much like those of Thomas
Jefferson's day--individuals in a shop, garage or home lab. They can
also be teams of scientists working in our largest corporations or at
our colleges and universities. Our nation's patent laws should be fair
to American innovators of all kinds--independent inventors, small
businesses, venture capitalists and larger corporations. To maintain
America's preeminence in the realm of technology we need to modernize
our patent system and patent office. Our inventors know this and that
is why they support this legislation.
  I have received many letters of endorsements for S. 507, some of
which I placed into the Congressional Record on June 23, July 10 and
July 16, from the following coalitions and companies: the White House
Conference on Small Businesses, the National Association of Women
Business Owners, the Small Business Technology Coalition, National
Small Business United, the National Venture Capital Association, the
21st Century Patent Coalition, the Chamber of Commerce of the United
States of America, the Pharmaceutical Research and Manufactures of
American (PhRMA), the American Automobile Manufacturers Association,
the Software Publishers Association, the Semiconductor Industry
Association, the Business Software Alliance, the American Electronics
Association, the Institute of Electrical and Electronics Engineers,
Inc., the Biotechnology Industry Organization, the International
Trademark Association, IBM, 3M, Intel, Caterpillar, AMP, and Hewlett-
Packard. In addition, I have letters of support from the National
Association of Manufacturers, TSM/Rockwell International, Obsidian, and
Allied Signal.
  I am deeply disappointed that the Senate is being prevented from
considering this important legislation by Republican recalcitrance.
American inventors deserve better and America's future is being short
changed.<bullet>

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