[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 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. ____________________