Date: 2013-12-05
Speaker: JACKSON LEE (democrat)
Chamber: H

Thank you very much. Mr. Chairman. I insert in the RECORD the list of inventors that are just a small measure of those coming from a wide array of diversity. Let me say that we are on the floor today because we do believe in innovation. We are on the floor today because we all believe in innovation. My amendment attests to that fact. Both the chairman and ranking member agree that we should look into those small inventors that have been the backbone of American society. I would ask again that as we look at the full measure of this legislation. that we also will take that into consideration. I am hoping that my amendment No. 6 will be supported. But in conclusion. I want to take note of the fact that the Jackson Lee amendment No. 5 will be voted on and Mr. MASSIES amendment will be voted on. We hope that we will get a strong vote of support. But I would hope that whatever reflection those votes characterize. it in no way reflects on the issue which we are trying to bring forward. Members will vote and Members will not vote. We hope they will vote for our amendments. But. really. what this is all about is to make sure that we do cover and protect that genius that lies across the landscape of America. Maybe a 5yearold that is tinkering with Legos is an inventor who needs to be protected. That is the gist of what our discussion and debate is. That is why my amendment No. 6 was offered and No. 5. I ask that this amendment be accepted by my colleagues. and I yield back the balance of my time. Mr. Chairman. I wish to thank the Rules Committee. particularly Chairman Sessions and Ranking Member Slaughter. for making my amendment in order. Let me also express my appreciation to Chairman Goodlatte and Ranking Member Conyers for their hard work on this legislation and for their shared commitment to ensuring that the American patent system remains the best in the world. The Jackson Lee Amendment simply requires the PTO Director. in consultation with other relevant agencies. and interested parties. to conduct a study to examine the economic impact of the litigation reforms contained in the bill (sections 3. 4. and 5 of this Act) on the ability of individuals and small businesses owned by women. veterans. and minorities to assert. secure. and vindicate the constitutionally guaranteed exclusive right to inventions and discoveries. Mr. Chairman. while there may be conflicting views on both sides of the aisle regarding the wisdom or necessity of some of the legislative proposals contained in H.R. 3309. there is no disagreement in this House on the central importance of honoring the mandate of the Constitution to "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" (U.S. Const. Art. I. Sec. 8. clause 8.) Mr. Chairman. the Founding Fathers understood that Americas future and its security lay in its ability to transform itself from a rural and agrarian economy into a commercial and manufacturing powerhouse that produced the products and ideas and created the jobs that would give Americans the highest standard of living in the world. The patent system created by the Constitutions framers played an indispensable part in this transformation. Mr. Chairman. it is critically important that whenever we consider legislation intended to improve or modernize our patent system that we do no harm to the individual inventors whose innovations fuel our economy. We also must take that we not change the patent system in such a way that we discourage inventors from unleashing the creative energies that turn impossible dreams into practical and commercially viable products and American jobs. Mr. Chairman. my amendment supplements and improves the bill. which already requires PTO to conduct 4 studies and submit reports to Congress. The required studies are: 1. Study On Secondary Market Oversight For Patent Transactions To Promote Transparency And Ethical Business Practices. 2. Study On Patents Owned By The United States Government 3. Study On Patent Quality And Access To The Best Information During Examination 4. Study On Patent Small Claims Court What is missing from this list is a study on the impact of the changes wrought by the legislation on the very persons the American patent system was created to encourage and protect: individual innovators who take the risk to create. innovate. and invent the discoveries that change our world for the better. Inventors like Steve Jobs (Apple). Bill Gates (Microsoft). Henry Ford (Ford Motors). Thomas Edison (GE). Alexander Graham Bell (AT&T). Mr. Chairman. H.R. 3309 contains many new and complex changes to the patent litigation system such as "loser pays." delayed and restricted discovery. and heightened pleading requirements imposed on inventors seeking to protect their constitutional right to their discoveries. If these changes were found to impede their ability to protect their rights and thus discourage future innovators from inventing. would we not want to revisit the law and make the needed revisions? The Jackson Lee Amendment simply directs that the impact of these new changes be studied and reported to Congress so that identified problems. if any. may be later corrected to ensure our patent system remains the best in the world. I ask unanimous consent to append at the end of my remarks a list of some of the great advances created by American inventors of all backgrounds. races. and gender. I urge my colleagues to support the Jackson Lee Amendment #8.