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IT IS -- MADAM PRESIDENT, I
WOULD ASK UNANIMOUS CONSENT THAT
MY SPEECH TO THE CELEBRATION
THIS WEEKEND BE PUT AS A PART OF
THE RECORD FOLLOWING MY SPEECH
TODAY.
WITHOUT
OBJECTION.
THANK YOU, MADAM
PRESIDENT.
I YIELD THE FLOOR.
MADAM PRESIDENT?
THE
SENATOR FROM VERMONT.
THE
LEAHY-GRASSLEY-KYL AMENDMENT
SHOULD BE ABLE TO CREATE JOBS
WITHOUT SPENDING A SINGLE DOLLAR
OF TAXPAYER MONEY.
IN FACT, ACCORDING TO THE
CONGRESSIONAL BUDGET OFFICE
ENACTMENT OF THE BILL WILL SAVE
MILLIONS OF DOLLARS.
THESE AREN'T BUMPER SLOGAN IDEAS
OF SAVING MONEY, THESE ARE
ACTUALLY DOING THE HARD WORK
NECESSARY TO SAVE MONEY.
AND I THANK THOSE SENATORS WHO
HAVE STAYED FOCUSED ON OUR
LEGISLATIVE EFFORT WHO JOIN IN
TABLING NONGERMANE AMENDMENTS
THAT HAD NOTHING TO DO WITH THE
AMERICAN INVENTS ACT.
EXTRANEOUS ISSUES HAVE NOTHING
TO DO WITH REFORMING OUR OUT OF
DATE PATENT SYSTEM SO AMERICAN
INNOVATORS WHO CAN WIN OUR PLACE
IN THE FUTURE, WE'RE AT A TIME
WHEN CHINA AND EUROPE AND PARTS
OF ASIA ARE MOVING AHEAD OF US,
WE NEED THE TOOLS TO KEEP UP.
WE SHOULDN'T WASTE TIME WITH A
LOT OF SLOGANEERING AMENDMENTS
THAT WOULD STOP THE BILL, WOULD
HAVE NOTHING TO DO WITH THE
BILL, MIGHT MAKE SOME PEOPLE
FEEL GOOD, BUT WE'LL BE OUT OF
FOCUS ON MAKE AMERICA GOOD AND
MAKING SURE WE CAN COMPETE WITH
THE REST OF THE WORLD.
WE SHOULDN'T HAVE AMENDMENTS
USED TO SLOW THIS BILL'S
CONSIDERATION PACKAGE.
AND PASSAGE.
IF AMERICA'S GOING TO WIN THE
GLOBAL ECONOMIC COMPETITION, WE
NEED THE IMPROVEMENTS IN THE
BRING.
PATENT SYSTEM THIS BILL CAN
I CONTINUE TO BELIEVE, AS I SAID
ALL WEEK, WE CAN FINISH THE
BILL, WE ACTUALLY COULD
FINISH -- COULD HAVE FINISHED IT
YESTERDAY, BECAUSE THEN ALL OF
THE TIME WASTED IN QUORUM CALL,
BUT I BELIEVE WE CAN FINISH IT
TODAY.
SHOW THE AMERICAN PEOPLE THE
SENATE CAN FUNCTION IN A
BIPARTISAN MANNER.
NOW, WE HAVEN'T BEEN AS
EFFICIENT AS I WOULD HAVE LIKED.
AND AS THE TAXPAYERS WOULD LIKE
US TO BE.
BUT DELAY, FORCED INTO EXTENDED
QUORUM CALLS RATHER THAN BEING
ALLOWED TO CONSIDER RELEVANT
OF THE BILL, BUT WE
ARE ON THE BRINK OF DISPOSING
THE FINAL AMENDMENTS AN PASSING
THIS IMPORTANT LEGISLATION.
WE SHOULD BE ABLE TO ADOPT THE
BENNET AMENDMENT BY VOICE VOTE
OR ROLL CALL, I WOULD HOPE IN
THE NEXT FEW MINUTES AND THE
KIRK-PRYOR AMENDMENT REGARDING
THE CREATION OF AN OMBUDSMAN FOR
BUSINESSES.
PATENTS RELATING TO SMALL
I HOPE THAT WE CAN ADOPT THE
MENENDEZ AMENDMENT ON EXPEDITING
PATENT FOR IMPORTANT AREAS OF
GROWTH LIKE ENERGY AND THE
ENVIRONMENT AS WELL.
I'M PREPARED TO AGREE TO VERY
SHORT TIME AGREEMENTS FOR
ADDITIONAL DEBATE, IF NEEDED, IF
A ROLL CALL IS CALLED FOR, I'LL
BE HAPPY TO HAVE THOSE.
REMAINING ISSUE FOR THE SENATE
TO DECIDE WILL BE POSED BY AN
AMENDMENT THAT SENATOR FEINSTEIN
HAS FILED TO TURN BACK THE
ADVANCEMENT TOWARD A FIRST
VENDOR FILE SYSTEM AND I HOPE TO
DISPOSE WITH THAT IN THE NEXT
HALF-HOUR OR HOUR.
I WANT TO TAKE A MOMENT TO TALK
ABOUT AN IMPORTANT COMPONENT OF
THE AMERICAN INVENTSZ ACT.
TO FIRST INVENT A FILE SYSTEM.
NOW
NOW, THIS IS STRONGLY SUPPORTED
BY THE ADMINISTRATION, BY THE
MANAGERS OF THIS PACKAGE.
THE ADMINISTRATION'S STATEMENT
OF ADMINISTRATION POLICY NOTES
THAT THE REFORM TO A FIRST
INVENTOR TO FILE SYSTEM
SIMPLIFIES THE PROCESS OF
ACQUIRING RIGHTS AND DESCRIBES
AS AN ESSENTIAL PROVISION TO
REDUCE LEGAL COSTS, IMPROVE
FAIRNESS AND SUPPORT U.S.
INNOVATORS SEEKING TO MARKET
THEIR PRODUCTS AND SERVICES IN A
GLOBAL MARKETPLACE.
I AGREE.
I ALSO BELIEVE IT SHOULD HELP
SMALL AND INDEPENDENT INVENTORS.
THIS REFORM HAS BROAD SUPPORT
FROM A DIVERSE SET OF INTERESTS
ACROSS THE PATENT COMMUNITY,
FROM LIFE SCIENCE AND HIGH-TECH
COMPANIES TO UNIVERSITIES AND
INDEPENDENT INVENTORS.
AND DESPITE THE VERY RECENT
EFFORTS -- AND THEY WERE VERY
RECENT.
WE HAVE BEEN WORKING ON THIS
BILL FOR YEARS, BUT DESPITE THE
VERY RECENT EFFORTS OF A VOCAL
MINORITY, THERE CAN BE NO DOUBT
THAT THERE IS WIDE-RANGING
SUPPORT FOR A MOVE TO A FIRST
INVENTOR TO FILE PATENT SYSTEM.
A TRANSITION TO FIRST INVENTOR
TO FILE IS NECESSARY TO FULFILL
THE PROMISES OF HIGHER QUALITY
PATENTS AND INCREASED CERTAINTY
OF THE GOALS OF THE AMERICA
INVENTS ACT.
THIS IMPROVEMENT IS BACKED BY
BROAD-BASED GROUPS SUCH AS THE
NATIONAL ASSOCIATION OF
MANUFACTURERS, THE AMERICAN
INTELLECTUAL PROPERTY LAW
ASSOCIATION, THE INTELLECTUAL
PROPERTY OWNERS ASSOCIATION, THE
AMERICAN BAR ASSOCIATION, THE
ASSOCIATION FOR COMPETITIVE
TECHNOLOGY, THE BUSINESS
SOFTWARE ALLIANCE AND THE
COALITION FOR 21st CENTURY
PATENT REFORM, AMONG OTHERS.
ALL OF THEM AGREE THAT
TRANSITIONS OUR OUTDATED PATENT
SYSTEM TO A FIRST INVENTOR TO
FILE SYSTEM IS A CRUCIAL
COMPONENT TO MODERNIZING OUR
PATENT SYSTEM.
AND I COMMEND THE ASSISTANT
REPUBLICAN LEADER FOR HIS
REMARKS YESTERDAY STRONGLY IN
FAVOR OF THE FIRST INVENTOR TO
FILE PROVISIONS.
IT ACTUALLY ALLOWS US TO PUT
AMERICA AT THE PINNACLE OF
INNOVATION BY ENSURING
EFFICIENCY AND CERTAINTY IN THE
PATENT SYSTEM.
TRANSITION NECESSARY TO BETTER
EQUIP THE PATENT AND TRADEMARK
OFFICE TO WORK THROUGH ITS
CURRENT BACKLOG.
YOU MAY WONDER WHETHER IT'S A
CRISIS, THAT BACKLOG THAT IS
700,000 -- MORE THAN 700,000
UNEXAMINED PATENT APPLICATIONS.
TRANSITION TO FIRST INVENTOR TO
FILE SYSTEM WILL BENEFIT THE
PATENT COMMUNITY IN SEVERAL
WAYS.
IT WILL SIMPLIFY THE PATENT
APPLICATION SYSTEM, IT WILL
PROVIDE INCREASED CERTAINTY TO
BUSINESSES THAT THEY CAN
COMMERCIALIZE A PATENT THAT HAS
BEEN GRANTED.
FIRST INVENTOR TO FILE A SYSTEM
WILL ALSO REDUCE COSTS TO PATENT
APPLICANTS AT THE PATENT OFFICE.
A FIRST INVENTOR TO FILE SYSTEM
WILL INCREASE THE GLOBAL
COMPETITIVENESS OF AMERICAN
COMPANIES AND AMERICAN
INVENTORS.
BUT ALSO THE WAY WE DRAFTED THIS
, THIS FIRST INVENTOR TO
FILE PROVISION WAS DONE WITH
CAREFUL ATTENTION TO THE NEEDS
OF SMALL INVENTORS AND
UNIVERSITIES, AND FOR THOSE
REASONS, AMONG OTHERS, THIS
TRANSITION IS SUPPORTED BY THE
OVERWHELMING MAJORITY OF THE
PATENT COMMUNITY, AMERICAN
INDUSTRY AS WELL AS THE
ADMINISTRATION.
EXPERTS OF THE PATENT AND
TRADEMARK OFFICE.
NOW, WE HAVE -- I ASK CONSENT MY
FULL STATEMENT BE PLACED IN THE
RECORD AS THOUGH READ.
WITHOUT
OBJECTION.
WE'RE READY TO GO
FORWARD ON THE BENNET AND
KIRK-PRYOR AMENDMENTS.
I'M PREPARED TO CALL THEM UP FOR
A VOTE IN THE NEXT FEW MINUTES
IF WE COULD GET SOMEBODY ON THE
FLOOR.
I UNDERSTAND THERE IS
A MODIFICATION AT THE DESK ON
THE BENNET AMENDMENT NUMBER 117.
WITHOUT
MODIFIED.
OBJECTION, THE AMENDMENT IS SO
I ASK UNANIMOUS
CONSENT THE SENATE RESUME
CONSIDERATION OF THE BENNET
AMENDMENT NUMBER 117 AS MODIFIED
, WITH THE CHANGES AT
THE DESK, AND THE KIRK AMENDMENT
NUMBER 123 EN BLOC.
FURTHER, THE AMENDMENTS BE
AGREED TO EN BLOC, THE MOTIONS
TO RECONSIDER BE CONSIDERED MADE
AND LAID UPON THE TABLE WITH NO
INTERVENING ACTION OR DEBATE.
RESERVING THE
RIGHT TO OBJECT, AND I WON'T
OBJECT, I WANT TO SAY FOR -- AS
MANAGER FOR MY SIDE OF THE AISLE
THAT WE SUPPORT THIS.
WE THINK THAT BOTH OF THESE
AMENDMENTS ARE -- ARE GOOD
AMENDMENTS AND THAT WE OUGHT TO
MOVE FORWARD, AND I APPRECIATE
VERY MUCH THE MAJORITY WORKING
WITH US TO ACCOMPLISH THIS GOAL.
I YIELD.
THANK YOU.
IS THERE
AN OBJECTION?
WITHOUT OBJECTION, SO ORDERED.
THERE MAY BE OTHERS WHO ARE
OTHERWISE TIED UP LORD KNOWS
WHERE, BUT I WISH THEY WOULD
TAKE THE TIME TO DROP BY IF THEY
HAVE AMENDMENTS TO GO BECAUSE
SENATOR GRASSLEY AND I SPENT
HOURS ON THE FLOOR JUST WAITING
FOR PEOPLE TO BRING UP
AMENDMENTS YESTERDAY.
WENT THROUGH A NUMBER OF QUORUM
CALLS.
WE'RE TALKING ABOUT IT'S GOING
TO BE TREMENDOUS BOOST TO
BUSINESS AND INVENTORS, THOSE
WHO ARE WATCHING, WONDERING
PROBABLY WHY WE SPENT YEARS
GIVING THIS FIRE SO MUCH TIME
THAT IS BEING WASTED HERE.
I JUST WANT EVERYBODY TO KNOW
THE TWO OF US ARE READY TO VOTE.
YESTERDAY, WE TOOK HOURS OF
DELAY TO VOTE ON THE
LEAHY-GRASSLEY ET AL. AMENDMENT.
IT GOT -- PASSED 97-2.
SO I WOULD URGE SENATORS WHO
HAVE AMENDMENTS COME HERE -- AS
THE GOSPELS SAY, MANY ARE CALLED
BUT FEW ARE CHOSEN.
IT MAY BE THE SAME THING ON SOME
OF THE AMENDMENTS, BUT
ULTIMATELY, WE WILL CONCLUDE
WITH THAT BEFORE MY VOICE IS
TOTALLY GONE, UNLESS THE SENATOR
FROM IOWA HAS SOMETHING TO SAY,
I WOULD PUT IN A QUORUM.
I'D LIKE TO SPEAK.
I YIELD.
SUPPORTING WHAT
THE CHAIRMAN HAS JUST SAID,
OUTSIDE THE FACT THAT THERE
CONTROVERSIAL NONGERMANE
MIGHT BE ONE OR TWO
AMENDMENTS TO THIS LEGISLATION,
WE HAVE TO LOOK AT THE
UNDERLYING PRODUCT.
THE UNDERLYING PRODUCT IS VERY
BIPARTISAN.
MOST ECONOMIC INTERESTS WITHIN
OUR COUNTRY ARE SUPPORTING THIS
PATENT REFORM LEGISLATION.
EVERYBODY AGREES THAT IT'S
SOMETHING THAT PROBABLY SHOULD
HAVE BEEN PASSED IN A CONGRESS
AGO, AND I WOULD JOIN MY
DEMOCRATIC MANAGER AND THE
CHAIRMAN OF THE COMMITTEE IN
URGING REPUBLICANS ON MY SIDE OF
THE AISLE THAT HAVE EITHER
GERMANE AMENDMENTS OR NONGERMANE
AMENDMENTS TO COME TO THE FLOOR
AND OFFER THEM SO THAT THE
UNDERLYING PIECE OF LEGISLATION
CAN BE PASSED AND SENT ON TO THE
HOUSE OF REPRESENTATIVES.
I YIELD THE FLOOR AND -- OH, I'M
SORRY.
MADAM PRESIDENT, I
ALSO WISH TO ASSOCIATE MYSELF
WITH THE DISTINGUISHED SENIOR
SENATOR FROM IOWA.
HE HAS WORKED VERY *** THIS.
HE HAS WORKED VERY HARD TO HELP
US GET TO THE FLOOR.
AND WITH THE ENORMOUS AMOUNT OF
TIME THAT HAS BEEN SPENT BY BOTH
SIDES OF THE AISLE ON THIS BILL,
THE AMOUNT OF TIME THAT HAS BEEN
SPENT WORKING OUT PROBLEMS, I
WISH WE COULD COMPLETE IT.
I UNDERSTAND THERE ARE A COUPLE
OF SENATORS WHO MAY HAVE
AMENDMENTS WHO ARE -- I'M NOT
SURE WHERE THEY ARE, BUT I'M
POINT.
SURE THEY WILL SHOW UP AT SOME
IN THE MEANTIME, I WILL SUGGEST
THE ABSENCE OF A QUORUM.
THE CLERK
WILL CALL THE ROLL.
QUORUM CALL:
QUORUM CALL:
QUORUM CALL:
CALL:
QUORUM CALL:
QUORUM CALL:
QUORUM CALL:
QUORUM CALL: