today. And they need that kind of protection. Thank you, Mr. Chairman and members of the committee. Mr. HUGHES. Thank you, Mr. Chairman. [The prepared statement of Mrs. Bentley follows:] REMARKS OF CONGRESSWOMAN HELEN DELICH BENTLEY AUGUST 12, 1994 BEFORE THE JOINT HEARING OF THE SUBCOMMITTEE ON INTELLECTUAL PROPERTY AND JUDICIAL ADMINISTRATION OF THE HOUSE COMMITTEE ON THE JUDICIARY AND THE SUBCOMMITTEE ON PATENTS, COPYRIGHTS AND TRADEMARKS Mr. Chairman: Thank you for the opportunity to speak to the Committee on the issue of patent terms which I believe is the primary issue in the General Agreements on Tariffs and Trade (GATT). The current language in GATT which the United States agreed to provides for a minimum of 20 years from the date of filing. The language now being substituted provides for a REQUIRED 20 years from the date of filing. Inventors are contacting my office and requesting that the language in the implementing legislation be "20 years from filing or 17 years from issue, whichever is longer." I support that language. In my discussions with inventors they have explained how the clock ticks in obtaining a patent. It is not an easy road of just filing an application and then receiving a patent. Some of the delays effectively would shorten the life of a patent if the proposed language of a REQUIRED 20 years is included in the GATT implementing legislation. It does not add a thing to the system if the 20 year period is not long enough to issue a patent due to delays in the patent office. In describing the pitfalls in obtaining an invention one inventor friend described it as running down a road with potholes. It is not easy nor cheap to obtain a patent. The reasons for delays in issuing patents rests in the patent office. We all know of instances of patents which have taken long periods of time to be issued. What is important in this consideration is the role the patent system plays in making the United States an industrial power. The New York Times originally reported on influential patents two years ago as one measure of a country's economic strength and future prosperity. High quality or influential patents are often cited in patent filings world wide, signal the emergence of important new technologies which will be under a patent holder's exclusive control for many years. In 1993 the United States led the world in influential patents with 59,588 which is almost twice as many as Japan, Italy, the United Kingdom, France and Germany. We must have done something right to achieve this impressive record. For many reasons the inventors do not understand the proposed change in the term, nor do they understand why the Assistant Secretary and Commissioner of the Patent and Trade Mark Office, Bruce Lehman signed an agreement with Japan to change the patent term. They particularly do not understand why Mr. Lehman would do this WITHOUT public hearings where the inventors could express their opinions. In fact, they do not understand why inventors have not been heard before Congressional committee. I commend you for your efforts today to hear from the inventing community and I hope they will fully tell their story to you in subsequent hearings. What inventors will tell you now is their sincere belief that the proposed changes are being driven by some multinational companies and Japan. They sincerely believe the system now being developed will only benefit the rich and powerful and not the small inventor. Proudly, inventors will point out that with their inventions they are the creators of jobs and whole industries or developed something which radically changed our lives. We all know about the Wright Brothers and Henry Ford, but what about our modern inventors who developed the hovercraft, the waterbed, or my friend Dr. Robert Rines who developed high resolution image scanning radar, internal organ imaging. Or, my friend John Hall, who developed the technology for the electronic watch and thereafter changed how the world keeps time. The list is endless, but what counts is the fact that inventors ideas and their patents are at the base of job creation in the United States. They are a direct contribution to the American standard of living. MR. CHAIRMAN: Some of those people are friends and independent inventors, are members of the Inventors Hall of Fame, and are here today: Dr. Raymond Damadian, inventor of the MRI Dr. Wilson Greatbatch, inventor of the cardiac pacemaker unfortunately Dr. Robert Ledley inventor of the cat scan had to leave. They too support this position. In our rush to develop trade agreements, we must not sacrifice the secret of our success. Make the language for GATT read "20 years from filing or 17 years from issuance, whichever is longer. Thank you Mr. Chairman. |