The Fight To Save America'S Patent System
Mr. Speaker, first and foremost, before I get into the subject that I will be discussing today, let me just note that ``American made'' is only important if there are Americans actually in the jobs. Who is the friend and who is the enemy…
Mr. Speaker, first and foremost, before I get into the subject that I will be discussing today, let me just note that ``American made'' is only important if there are Americans actually in the jobs.
Who is the friend and who is the enemy of American workers today? Certainly the party that is permitting massive flow of illegal immigrants into our country in order to take the jobs that are being created is not a friend of the American working people.
Let us take a look at why Americans have prospered. We have prospered because, yes, we have technology and we have jobs. But it is also because we have not permitted this massive immigration that now seems to be flowing across and has been for the last 10 and 20 years.
If we have industries that are going to succeed and jobs that are going to be created, we must first control our borders so that all of the jobs that we hear about being created are given to Americans, not to people who come here illegally.
It is unfortunate that that part of the debate in how illegal immigration has been bringing down the quality of life, taking jobs away from Americans, that that has not been part of the debate that we have heard over the media.
In fact, last week, we had an example where the Democratic party members here were unable to support a bill on the floor commending those brave souls who are defending our border and trying to stem the flow--the massive flow of illegal immigration into our country. They couldn't get themselves to back that.
Now, I went to an ICE facility, which is the group in our government that actually runs the facilities and helps us control this massive flow into our country, and the people there, yes, there were over 300 being held, and they were going to be returned. They were doing a good job for us.
And the fact is, in California, the Democratic party has gone so far overboard, they won't even permit local law enforcement--they have actually outlawed--they call it the sanctuary State law--they won't even let local governments permit them to use their own law enforcement to cooperate with Federal authorities in order to deal with illegal alien criminals.
Now, something is wrong here. We can hear all this talk about attacking Republicans as if all the tax money that was saved in this tax bill went to rich people. No, that is not the case. And what is also not the case is that the very jobs that are being created by such programs are going to foreigners who are here illegally, unless we do something about it.
So with that said, I would like to get into the issue that I really would like to--that I was intending to discuss today, and it has everything to do also with American prosperity. American prosperity didn't just happen. So I call this the Fight to Save America's Patent System.
We Americans are blessed to be part of a Nation where average people who live right and work hard can expect safety, a decent standard of living, and opportunities beyond the dreams of those who just struggle to survive in so much of the world--which is also why we have to control the borders. Because we do have a high standard of living in this world and we have this high standard of living for average people, it is not just a gift from God, but it is also a result of fundamental policies and laws that have governed our
land, including immigration laws, I might add, that prevent this massive flow of illegals into our country that we have been having to deal with.
Policies were put into place by brave, hardworking, forward-looking patriots over the years who struggled to create this new country, the United States of America. And they put in place fundamental laws that were aimed at protecting the rights of each and every person in the country.
One of those rights, which is often overlooked, was delineated in Article I, section 8 of the Constitution. In fact, considering the fact that the Bill of Rights was added to the document as a package of amendments, it is the only place in the original body of the Constitution where the word ``right'' is used. This is that part of our basic law of the land that mandates that writers and inventors have the right to exclusively control their creation for a specified period of time. That is in the Constitution. And that specified period of time, which through most of our history was 17 years--17 years for our inventors to control and profit from what they have created.
Benjamin Franklin probably inserted this into the Constitution without much fanfare, yet it has been a factor that has made all the difference. Ordinary Americans have lived good and decent lives here, not necessarily because we have worked harder--because people work hard all over the world--but we have prospered because not only have our people worked hard, but they have had the technological edge. We have multiplied the impact of every hour of labor with machines and equipment that existed only as a result of the genius of our people.
Progress was shared by all because we have nurtured our inventors, protected their intellectual property rights, and permitted them to profit from their genius. Our standard of living as a people became the envy of the world, and all this can be traced to a strong, fair, and honest patent system.
I have got good news. American inventors, the folks who are so often taken for granted, are deeply appreciated by the new Trump administration. Secretary Wilbur Ross and the new director of the United States Patent Office, Andrei Iancu--I guess that is how you pronounce that--are making sure that America's greatest assets, our inventors and our innovators, are protected. This is, of course, a reversal of what has been going on in recent years.
The United States Patent and Trademark Office, or the USPTO, is the Federal agency tasked with the job of protecting America's new ideas and investments in innovation and creativity. Over the years, there have been 58 different men and women leading this agency.
Our newest USPTO director, Andrei Iancu, shows the promise to be perhaps one of the best in that long line that extends back more than 200 years. Director Iancu has a long history in innovation, from his work as an engineer at Hughes Aircraft Company and his legal career that focused on intellectual property litigation. He has assured me personally that he will fight to protect the intellectual property of our inventors, and he will demand that accountability and transparency are hallmarks in the patent office under his watch. His positive commitment is refreshing. That is, to make sure that we have this transparency and accountability that he is talking about is a refreshing contrast to past office leadership.
Most of my colleagues and most of my fellow Americans have rarely noticed the conflict that has been quietly raging here in Washington for the last three decades. It has been an ongoing struggle with major impact on the security of our country and the well-being of the American people.
Yet few Members of Congress are even aware of how critical this fight is, and because the fight is usually fought in legalese, the American people are unaware of the issues being determined. What I am talking about is an ongoing clandestine attack on America's patent system by powerful multinational corporations. Their aim has been to gain a free hand to use any technology with no worry of compensating the inventor of that said technology.
American companies and American workers have succeeded by being on the cutting edge and a notch above foreign competition. This is because our innovators have been protected by the best patent system in the world. Yet, we hear these calls globally, and in collusion with domestic power brokers, demands that we harmonize our system with the rest of the world.
If there is any harmonization, it should be the rest of the world rising up to our long-held standards which have been instrumental in enabling our way of life and our country's greatness. We absolutely should not lower America's standards.
But that is exactly what a powerful coalition has been pushing for. And in 2012, with the America Invents Act, they finally were able to undermine significant protections of our patent system. The implications of that law are just now becoming evident.
So, for three decades, legislation aimed at weakening America's patent protection has been pushed and re-pushed, whittling away, and restructuring with the goal to diminish the rights of our inventors. This establishment thinks these are people who are just in the way. The anti-patent juggernaut cabal even managed to change who will be issued a patent.
Up until 2012, up until that law, for more than two centuries, the actual inventor of new technology was legally considered the rightful owner of the invention and thus designated as the recipient of the patent for that new technology.
This longstanding and commonsense policy was shifted by that 2012 bill so that now, not the inventor, but the first entity to file for the patent gets the patent. Hear that again: The actual inventor doesn't get the patent. In an age of hacking and predatory corporations, this is a disaster in the making.
Even as we lost ground in the legislative fight to protect our inventors' rights, there was even less awareness of a change in the way they were doing business inside the Patent Office. There has always been a strict guideline directing the decisions and actions of the professionals and civil servants the Patent Office.
Approval of a patent application was not left up to the whims of those making the decision. If an application met the requirements, objective criteria, and the proper procedures were followed, if that happened, the Patent Office employee was mandated to do his or her duty, not to think how they should feel about the economic and societal changes that might be brought about when a new technology is introduced, or what groups would benefit and which ones wouldn't, if this new technology was patented.
I am not certain what precipitated the power play, but, in 1994, changes began happening surreptitiously inside the Patent Office itself, even as overt legislative campaigns were taking place to weaken our patent system, and they were being launched on the outside.
So you had people working on the inside and the outside, trying to weaken the patent protection of American inventors.
A new procedure was quietly made part of the system inside. It was theoretically aimed at alerting senior patent personnel that a patent with serious consequences was soon to be granted and, thus, given more intense scrutiny. It was called SAWS, Sensitive Application Warning System. But, as you would imagine, as soon as this secretive new element was added to the Patent Office procedures, it began to have much more of an impact than supposedly intended.
Unauthorized and hidden SAWS rules and determinations were made that had a major impact on the basic business of the Patent Office, the issuing or denial of an inventor's patent. Some Patent Office officials took it upon themselves to violate the clear legal boundaries that were in place specifically to prevent well-intended subjectivity from running wild. SAWS had a big impact, much bigger than they ever thought, and it had no scrutiny.
So inventors were being skewered from the outside by those legislators mobilized by powerful multinational corporations, and by other special interests as well, I might add, and on the inside by an in-the-shadows system that permitted unrestricted consideration, no visibility, and no accountability.
It took more than 20 years for this to come to light and officially ended. In
2015, the SAWS program was exposed and made public. And after congressional hearings and inquiries, the Patent Office announced the program had been retired. As one senior patent official told me, ``That program had to go.''
So it has been an ongoing struggle on the outside and on the inside to maintain the strength and integrity of America's patent system.
On the legislative side, there is a bipartisan coalition now, led by dedicated Representatives like Marcy Kaptur of Ohio and Thomas Massie of Kentucky. They just introduced H.R. 6264, Restoring America's Leadership in Innovation Act of 2018, a bill that will, if we can get it enacted, undo many of the legislative setbacks America's patent system has suffered in the last two decades. I am, of course, an original cosponsor of that bill, and I invite my colleagues to join me in cosponsoring it.
There is really good news--and here is some really good news--from the executive branch. Secretary of Commerce Wilbur Ross is deeply committed to protecting the intellectual property of American inventors. He is willing to fight the good fight to protect us against foreign competitors who would steal our inventors' genius and use it against our own hardworking people.
Secretary Ross is working with our new director of the Patent Office, Andrei Iancu, and he is committed to protecting inventors and creators. Both of them, with President Trump's guidance and Vice President Pence's encouragement, are declaring that the patent system will be totally transparent and fully accountable.
I might say, Director Iancu has just reaffirmed that commitment in a written statement to Congress:
Today, at the U.S. Patent and Trademark Office, every
action we take is on the public record and recorded in a
publicly available database.
So there is reason for optimism that we have turned a corner in our long-term efforts to protect--and, yes, reclaim and maintain and repair--some of the damages that have been done from both the outside attack of our patent system and the inside, out-of-line actions that were taken without oversight or accountability, like the SAWS program.
It is not appropriate to cover up or withhold information. It is time to make up for those past errors and to set a path for America's Patent Office to offer efficient, honest, and totally above-board service.
The new director has his hands full. But he has the right game plan: total transparency and full accountability.
When it comes to innovation and technology, we are, with our American President, the Vice President, the Secretary of Commerce, and the team over at the Patent Office, together, making America great again.
So I would ask my colleagues, please, I know this is a complicated issue, we talked to the American people, we know that patent law seems like it should be complicated, but it is not. For someone who invents something, our Founding Fathers put into place a property right for those people who invent, an inventor, to be able, at least for 17 years, have control over his or her invention.
This has worked well for the United States. It is so sad that, for decades now, they have been trying to undermine it. But we are reclaiming that today with the Trump administration, the Secretary of Commerce, the head of the Patent Office, and the Vice President of the United States, who are dedicated to protecting the rights of our inventors and, thus, protecting the great standard of living and the safety of the United States of America, which is so dependent on having a technological edge against any competitor or enemy.
Mr. Speaker, I yield back the balance of my time.