I
106TH CONGRESS
2D SESSION
H. R. 4331
To provide for the issuance of patents for the Generalized System of Pref-
erence (GSP) countries with a Letter of Agreement with the U.S.
through a program establishing an International US/GSP Office in which
the U.S. issues patents using U.S. standards that are valid under both
U.S. and GSP law, to aid in creating capital for GSP countries through
patents and innovation and to establish or enhance their patent system
through U.S. expertise and training.
IN THE HOUSE OF REPRESENTATIVES
APRIL 13, 2000
Mr. SAXTON (for himself and Ms. KAPTUR) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committee on International Relations, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide for the issuance of patents for the Generalized
System of Preference (GSP) countries with a Letter
of Agreement with the U.S. through a program estab-
lishing an International US/GSP Office in which the
U.S. issues patents using U.S. standards that are valid
under both U.S. and GSP law, to aid in creating capital
for GSP countries through patents and innovation and
to establish or enhance their patent system through U.S.
expertise and training.
HR 4331 IH
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘International Patent
Act of 2000’’.
SEC. 101. FINDINGS.
(a) Congress finds that the strength and quality of
U.S. patents is recognized throughout the world.
(b) Congress finds that patents are defined in the
U.S. Code as a private property right.
(c) Congress finds that the U.S. is regarded as the
world leader in intellectual property.
(d) Congress finds that patents are a societal and
economic good for a country.
(e) Congress finds that technology enhances a coun-
try’s growth and patents are an integral part of that
growth.
(f) Congress finds that patents create jobs and new
businesses.
(g) Congress finds that patents are a source of lifting
the standard of living in a country.
(h) Congress finds that patents and innovation are
a source of increasing income for business and citizens of
the country.
HR 4331 IH
(i) Congress finds that patentable products are a
source of trade for the country.
(j) Congress finds that the successful 207-year-old
U.S. Patent Office can be a source of expertise and sup-
port for other countries.
ESTABLISHING A US/GSP COUNTRY NOTIFICATION OFFICE
SEC. 102. SOVEREIGN DUTIES.
(a) IN GENERAL.—The United States Patent and
Trademark Office under the policy guidance of the Sec-
retary of Commerce, and the Assistant Secretary of Com-
merce and U.S.—Commissioner of Patents shall be re-
sponsible for
(1) The establishment at the US Patent and
Trademark Office (PTO) of a special U.S./GSP
country office for the purpose of official notification
of issuance of patents which have official status for
both the U.S. and specific GSP country law;
(2) negotiations with a GSP country to estab-
lish a U.S./GSP Patent Notification Office will in-
clude the U.S. Department of State and the Depart-
ment of Commerce who shall exchange Letters of
Agreement with each GSP country desiring patents
to be issued in this special U.S./GSP Patent Notifi-
cation Office;
HR 4331 IH
(3) insuring that dual issuance of Patents
under the GSP country law be issued according to
U.S. standards and are valid under U.S. law; and
(4) all examination and search duties for the
grant of U.S. letters Patent and specific GSP coun-
try patents shall be performed by U.S. examiners
who are U.S. citizens.
(b) SPECIAL PAYMENTS.—The creation of a trust
fund of fifteen percent which is charged from fees, and
with a special handling fee to be set aside in the name
of the GSP country for the country’s use in establishing
or enhancing their patent system:
(1) That in complying with the Patent Coopera-
tion Treaty (PCT), the U.S., which is an examining
and patent search PCT country, shall make available
computer search facilities of the Patent and Trade-
mark (PTO) patent data base in each GSP country.
Under the US/GSP Patent Notification Office a fee
shall be charged for U.S. patent search facilities in
the GSP country to and shall be determined and ne-
gotiated by the Secretary of Commerce and U.S.
Patent Commissioner. The State Department shall
make available computer search facilities at each
Embassy station.