Patent Reform Act of 2007

PATENT REFORM ACT OF 2007 -- (House of Representatives - September 07, 2007)

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Mr. JOHNSON of Georgia. I thank the chairman.

Mr. Chairman, I rise in support of H.R. 1908, the Patent Reform Act of 2007. I want to commend the Chair of the Judiciary Committee, John Conyers, as well as all the members of the Subcommittee on Courts, the Internet and Intellectual Property, especially Chairman Howard Berman, and also Ranking Member Howard Coble, for their hard work in bringing this important piece of legislation to the floor. It is a bipartisan effort.

Although I am a new member to this subcommittee, I am well aware that Congress has been debating patent reform for several years. This area of the law has not been updated for 55 years, yet patents touch upon so many different sectors, from agriculture to biotechnology to manufacturing and computer technology.

In order to continue to stimulate growth and reward inventors in these various sectors, we in Congress are charged with finding the right balances between protecting inventions and stimulating innovation. Our Founding Fathers realized it was so important to protect inventions and promote innovation that they wrote that protection into our Constitution in article I, section 8.

For more than half a century, the United States has led the world in research and innovation, partly due to the fact that the U.S. rewards its inventors and protects their ideas. But since the last update to our system over 55 years ago, technology has rapidly changed and has revolutionized our economy. In order to keep up with these changes, Congress has stepped forward to update this important body of law.

This bill makes several important changes, including moving from a first-to-invent to a first-to-file system. It places certain limitations on willful infringement, it creates a new process of post-grant review, and it addresses changes of venue to address the issue of forum shopping.

This bill is not perfect, but I ask that the Members of this body pass this bill.

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Now this bill is not perfect, and Members as well as many representatives from various industries have come to my office with their concerns about the damages section of HR 1908.

During the House Judiciary Committee markup, Congressman Feeney and I were able to craft an amendment that I believe struck a balance, giving juries the ability to come to a deliberate decision while giving them the flexibility within the law to assess damages.

Our intent is also included in the CONGRESSIONAL RECORD; the case law used in assessing damages, also known as the fifteen Georgia Pacific factors, may still be considered when courts are assessing damages. We have diligently tried to meet the concerns of a wide spectrum of industries and while this bill is not perfect, it is a bipartisan effort to update the patent system.

Mr. Chairman, it is my hope that although there are continued concerns, we can work on them through the conference committee process in a continued bi-partisan fashion and we can all come to a compromise.

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