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March 3, 2004Christopher Chichester
Press Secretary
202-225-4236

Smith's Floor Statement On The Patent And Trademark Office Fee Act (H.R. 1561)


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Mr. Speaker, this legislation that I authored modernizes the U.S. Patent and Trademark Office.  It was inspired by two principles essential to a democracy: the protection of intellectual property rights and the freedom to exchange goods and services.    

The Patent and Trademark Office does not receive the attention of other government agencies, such as the Department of State and Department of Justice. It should. The Patent and Trademark Office is critical to the health of our economy and to the lives of millions of Americans.  

The Patent and Trademark Office protects the rights of all American inventors. From the lone individual working in their garage to the small business person with a breakthrough idea to the large high-tech company that applies for hundreds of patents, all rely on a responsive Patent and Trademark Office.  

Without a strong PTO our economy would be devastated, our quality of life would be diminished and jobs would be lost or never created in the first place.  

This bill prevents the “diversion” of Patent and Trademark Office fees paid by inventors to fund government programs unconnected to the agency. The diversion of fees from the Office is unfair, counter- productive, and an obstacle to sustained economic growth.  Approximately $750 million has been diverted in the last decade alone.  

Such a large revenue loss has deprived the Patent and Trademark Office of the resources it must have to serve the patent and trademark holders of the United States. At a time when the Office is struggling to pay its examiners enough and to keep up with applications - particularly in high-tech areas - Congress should take an interest in protecting our economy by keeping Patent and Trademark fees within the Patent and Trademark Office.  

This bill enables the Patent and Trademark Office to hire 2,900 new Patent Examiners.  Today, the average time to process a patent exceeds two years. Without the new examiners, agency delays will soon reach three to four years.  

If this fee bill does not become law, it is estimated that 140,000 patents will not be issued over the next five years.  That’s 140,000 missed economic opportunities for the American people.  

If nothing is done - if the status quo continues - it means new products will not make it to the market, jobs will not be created and the inventors who came up with new ideas and products will not have their intellectual property protected and so will not market their inventions.

This bill helps small businesses and non-profit institutions.  It provides a fifty percent discount on most services to small businesses, universities, and other non-profit entities.  The benefits of an improved and streamlined PTO will help small businesses and universities and encourage new research and innovation.

Mr. Speaker, I would like to again thank the Judiciary Committee Chairman, Mr. Sensenbrenner, for making this issue a priority for our Committee and working with the appropriators to resolve our differences on PTO funding.    

Since U.S. Patent Number One was issued in 1837 for traction wheels, the patent system, and the creativity, genius and talent that define it, has benefited all Americans. From the revolutionary electric light bulb to the latest software technology, patents reflect America and contribute to our economic prosperity.  

This bipartisan bill is supported by the Information Technology Industry Council, the Chamber of Commerce, the National Association of Manufacturers, the Intellectual Property Owners, the International Trademark Association, the Association of American Universities, the Association for Competitive Technology.  It is good for innovation, good for the economy, and good for the American people.

The PTO has rarely been more important than it is today.  It must have the resources it needs to professionally and expeditiously process patent and trademark applications. American jobs, profits and the future of entrepreneurial capitalism are literally at stake.

Thank you, Mr. Speaker.



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Congressman Smith is the Chairman of Courts, the Internet and Intellectual Property Subcommittee of the House Judiciary Committee. Read more about Congressman Smith's positions on high technology.




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