H.R. 1249, The ``America Invents Act''
Floor Speech
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* Mr. JOHNSON of Georgia. Mr. Speaker, I rise today in support of the ``America Invents Act.'' I strongly support this bill, which will foster innovation, economic growth, and help America maintain its global competitive edge.
* If we are going to have a healthy economy and be a global leader, we must have a healthy intellectual property system. In order to have a healthy intellectual property system, we must modernize our laws. Patent reform is integral to our economy.
* Currently, the United States is the world leader in issuing patents. In order to maintain our position and solidify our position as a global leader, we must enact patent reform as soon as possible.
* America is now on its way to the most significant patent reform in more than half a century. Our current patent system is outdated and in need in major reform. Pursuant to Article I, Section 8, Clause 8, ``Congress shall have Power ..... [t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.'' This bill will strengthen our patent system and encourage innovation and drive economic growth.
* The ``America Invents Act'' includes much needed improvements to the patent system that will help to maintain America's place at the forefront of innovation. America's ability to drive economic growth and job creation through innovation is currently hampered by a massive backlog at the U.S. Patent and Trademark Office, USPTO. There is currently a backlog of approximately 700,000 patent applications.
* While I preferred Section 22 of H.R. 1249, as reported by the Judiciary Committee, that would allow the USPTO to retain all of its user fees, I am supportive of the USPTO funding agreement that was reached in the House. It is intended to end fee diversion and provide the USPTO access to its user fees. Moreover, I believe in the overall goal of the bill to efficiently issue patents to businesses--especially small businesses and startups--to develop new products and create jobs. This compromise will allow the USPTO to process applications more efficiently and produce higher-quality patents which makes them less likely to be subject to a court challenge.
* It is imperative that the USPTO have the resources it needs to hire more patent examiners and pay overtime to decrease this backlog. Every state in the United States of America has patent applications pending. In 2010, 2,194 patents were granted to residents in my home state of Georgia. The ``America Invents Act'' will ensure that residents in Georgia, and each and every State across the Nation, are granted patents in a speedy fashion.
* This bill will help inventors like Lonnie Johnson in Atlanta, Georgia. He invented the Super Soaker that generated hundreds of millions of dollars in profits, created jobs and became the number one selling toy in America. Lonnie Johnson currently holds over 80 patents and has over 20 more pending. The sooner this 700,000 patent application backlog is cut down, the sooner Lonnie Johnson, and other inventors, can get their inventions to market, grow the economy, and create jobs.
* Further, the ``America Invents Act'' will transition the United States from a first-to-invent system to a first-inventor-to-file system. This will bring the United States up to par with every other industrialized nation in the world. As business and competition becomes more global, patent applicants are increasingly filing patent applications in other countries for protection of their inventions. The first-to-invent filing system in the United States differs from that in other patent-issuing jurisdictions. This can cause confusion and inefficiencies for American companies and innovators.
* In a first-inventor-to-file system, the filing date of the application is most relevant: it is an objective date and is simple to determine because it is listed on the face of the patent. In contrast, in a first-to-invent system, the date the invention claimed in the application was actually invented is the determinative date. Unlike the objective date of filing, the date someone invents something is often uncertain, and, when disputed, typically requires corroborating evidence.
* The first-inventor-to-file system will simplify the patent application system and harmonize it with the rest of the industrialized world, reduce costs, and improve the competitiveness of American inventors seeking protection globally. These changes are necessary for true, comprehensive patent reform.
* I am extremely proud that our nation's universities will benefit from this bill. The patent system plays a critical role in enabling institutions like Georgia Institute of Technology and colleges belonging to the Atlanta University Center to transfer the discoveries arising from basic research into the commercial sector for development into products and processes that benefit society.
* Patent reform is not a partisan issue, but an issue of the fairest way to encourage inventors and investors to create and develop new products that will benefit universities, create jobs, and spur economic growth.
* Today marks a major milestone in moving this country forward. I was a freshman when patent reform last moved through the House in the 110th Congress. I am proud to be a part of this moment in history. The American people have waited long enough; Congress should act now to pass this important piece of legislation.
* I strongly support the ``America Invents Act'' and urge my colleagues to do the same. We are close to the finish line and need to push on and finish the race.
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