Patent Reform Act of 2007
PATENT REFORM ACT OF 2007 -- (House of Representatives - September 07, 2007)
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Mr. ISSA. Mr. Chairman, for those who may be interested, some of my patents have expired and more will.
I am no longer a day-to-day inventor; but I will always have the soul of an inventor, the belief that in fact if you have an idea, you can go to the Patent Office and for a relative de minimis amount of money you can in fact protect that idea for a period of 20 years from the time you ask the Patent Office to protect your invention and give you an opportunity to make a small or not-so-small fortune off of it.
I don't think there is anyone in the Congress who owes their reason for being here to the success of patents more than myself. My company grew and thrived because we were able to protect our intellectual property, patents, copyrights and trademarks. So since I have been here as a non-attorney coming to the Congress and asking to be on the Judiciary Committee, a little bit like Sonny Bono, that is where the things he knew about were legislated. He knew about copyrights and songs; I know a little bit about patents, and a lot about the flaws in the system.
And, Mr. Chairman, there are many flaws in the system. This bill has been the best work by the best minds, both by Members of Congress, but also by staff, trade associations and industry, to bring out those mistakes and to try to find solutions.
Today you have heard a lot of anger and rancor about China. Nobody could want America to prosper more than I do. But, in fact, by next year more than half of all patents in the U.S. will be granted to non-U.S. companies. This is not a debate about protecting patents against foreigners. Foreigners are patenting in our country, and we invite that innovation. It has often led to prosperity in all aspects of America.
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Mr. ISSA. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 2 offered by Mr. Issa:
Page 53, strike lines 9 through 15 and insert the following:
(a) Publication.--Section 122(b)(2)(B)(i) is amended by striking ``published as provided in paragraph (1).'' and inserting the following: ``published until the later of--
``(I) three months after a second action is taken pursuant to section 132 on the application, of which notice has been given or mailed to the applicant; or
``(II) the date specified in paragraph (1).''.
The Acting CHAIRMAN. Pursuant to House Resolution 636, the gentleman from California (Mr. Issa) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from California.
Mr. ISSA. Mr. Chairman, I rise in support of this amendment.
In short, this amendment simply seeks to maintain our historic and important American-only right for an inventor who was denied a patent to keep that patent a secret.
Additionally, it allows sufficient time in the process for a patent holder to know that his patent, his or her patent, either will or will not likely be granted significant claims.
For that reason, we struck a balance between the rest of the world that recognizes that patents are normally published after 18 months. We said, no, it will be the greater of the second office action, which can be anywhere from 3 to 5 years or 18 months, and we did so because we believe somebody should know when they receive significant claims or not before they are forced to decide whether or not to retain a trade secret.
It's an important issue; it's one that I believe will allow us a final and lasting way for a secret to be balanced with the interest to not have submarine patents and unknown information.
I yield to the chairman of the full committee.
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