Judiciary HomepageTHE SUBCOMMITTEE ON COURTS AND INTELLECTUAL PROPERTY WILL COME TO ORDER.
TODAY THE SUBCOMMITTEE IS CONDUCTING A HEARING ON THREE BILLS: H.R. 1732, WHICH PROVIDES THIRD PARTIES WITH A GREATER OPPORTUNITY TO PARTICIPATE IN REEXAMINATION PROCEEDINGS; H.R. 1733, WHICH PROVIDES FOR EARLY PUBLICATIONS OF U.S. PATENT APPLICATIONS; AND H.R. 632 WHICH PROVIDES FOR ATTORNEY'S FEES IN SUITS BROUGHT TO COMPENSATE OWNERS OF PATENTS USED BY THE U.S.
THE FIRST BILL, H.R. 1732, WOULD ADDRESS CURRENT REEXAMINATION PROCEDURES WHICH HAVE BEEN CRITICIZED AS BEING BIASED AGAINST THIRD-PARTY REQUESTERS. A THIRD- PARTY REQUESTER CANNOT PARTICIPATE IN THE REEXAMINATION PROCEEDING BEYOND FILING AN INITIAL REQUEST FOR REEXAMINATION, AND IF THE PATENT OWNER FILES A STATEMENT IN RESPONSE TO THE ORDER FOR REEXAMINATION, A REPLY TO THAT STATEMENT. ALSO, SOME HAVE CLAIMED THAT THE EX PARTE NATURE OF PROSECUTION FOLLOWING A REEXAMINATION ORDER, WHILE REDUCING THE TIME AND COSTS INVOLVED, PROVIDES THE PATENT OWNER WITH AN UNFAIR ADVANTAGE. THE PURPOSE OF H.R. 1732 IS TO INCREASE THIRD PARTY USE OF THE REEXAMINATION SYSTEM AND TO PROVIDE A MEANINGFUL, INEXPENSIVE AND EXPEDITIOUS ALTERNATIVE TO PATENT LITIGATION.
OUR SECOND BILL FOR CONSIDERATION THIS MORNING IS H.R. 1733, WHICH PROVIDES FOR EARLY PUBLICATION OF U.S. PATENT APPLICATIONS, 18 MONTHS FROM THE EARLIEST FILING DATE. CURRENTLY, ALL APPLICATIONS FOR PATENTS IN THE UNITED STATES ARE KEPT IN CONFIDENCE BY THE PATENT AND TRADEMARK OFFICE UNTIL A PATENT IS GRANTED. UPON GRANT, THE APPLICATION IS PUBLISHED AS A PATENT. ALL THE MAJOR PATENT SYSTEMS THROUGHOUT THE WORLD, WITH THE EXCEPTION OF THE UNITED STATES, PUBLISH APPLICATIONS 18 MONTHS FROM THE EARLIEST EFFECTIVE FILING DATE. H.R. 1733 WOULD BRING THE U.S. SYSTEM IN CONFORMITY WITH THAT OF ALL MAJOR PATENT SYSTEMS THROUGHOUT THE WORLD.
OUR LAST BILL FOR CONSIDERATION THIS MORNING IS H.R. 632, INTRODUCED BY CONGRESSMAN MARTIN FROST OF TEXAS. THIS BILL WOULD PROVIDE FOR REASONABLE FEES FOR EXPERT WITNESSES AND ATTORNEY'S FEES IN SUITS BROUGHT TO COMPENSATE OWNERS OF PATENTS USED BY THE U.S.
OUR FIRST WITNESS THIS MORNING IS CONGRESSMAN FROST. A HEARING ON THIS ISSUE WAS HELD LAST YEAR (OCTOBER 5, 1994) BY OUR FORMER SUBCOMMITTEE ON ADMINISTRATIVE LAW. I WOULD LIKE TO INCORPORATE BY REFERENCE THE STATEMENTS MADE AT THAT HEARING AND WELCOME CONGRESSMAN FROST. YOU MAY PROCEED IN ANY FASHION YOU WISH.