Madam Chair, I want to briefly tell you about a young boy who grew up in modest surroundings in rural Kentucky. Although he had no money, he was inspired to invent. So he collected junk to build his inventions--broken clocks, radios,…
Madam Chair, I want to briefly tell you about a young boy who grew up in modest surroundings in rural Kentucky.
Although he had no money, he was inspired to invent. So he collected junk to build his inventions--broken clocks, radios, vacuum cleaners. Who knows, maybe one day he could assemble this junk into an invention that would allow him to pull himself out of his humdrum environment.
He was inspired to invent by stories of Edison, Ford, and Tesla. In the seventh grade, he invented this robot arm that you see here, which won him a prize at the science fair. He even invented a flower pot that would water itself for his grandmother.
He went on to college, where he met other inventors, inspired, again, not just by creativity but by the fact that they can make an honest living by improving the lives of others.
One of his inventor friends invented a robot that vacuums floors for millions of people now. This boy went on to invent a touch interface for computers, obtain 29 patents, raise venture capital, and create dozen of jobs.
His story is only possible in America, where our robust intellectual property system and judicial system work together to protect the property rights of inventors.
Knowing this and relying on this, many inventors dedicate their entire lives to inventing things that will improve and extend the lives of others.
Today's patent reform bill is a serious threat to American inventors. That is why inventors are urging us not to pass this bill today. It will extinguish creativity and invention in America.
Recklessly weakening the patent system, as this bill does, will deprive inventors of income and a livelihood. They will pursue other careers. As the role models for young inventors quietly fade into history, fewer young students will pursue invention. A decade from now, Congress will further lament the lack of interest among the next generation in science, engineering, technology, and math, arrogantly unaware that it was Congress that killed that interest today with this bill, should it pass.
How do I know this boy's story so well? How can I anticipate the unintended consequences of this bill? I am the boy in this picture, and that was my story.
It would be shameful and wrong to kick out the ladder from our next generation of inventors, as this bill would do; but if my story doesn't compel you, please listen to the words of Dean Kamen. Pick your favorite inventor in history--Tesla, Edison--and Dean Kamen is that inventor of our time. Perhaps you know him as the inventor of the Segway, but he has invented a
dialysis machine, an insulin pump, and a self-balancing wheelchair. These inventions have improved the lives of millions of people all over the world.
Here is what Mr. Kamen has to say about this very legislation:
Adding uncertainty and cost to getting and maintaining
patents will be the largest single cause of the decline of
innovation and, therefore, of the economy in this country
that I've seen in my lifetime.
Mr. Kamen doesn't just invent. He inspires the next generation to invent with his America FIRST Robotics Competition that millions of students have participated in. He inspires the next generation to invent with his robotics contest.
I am scheduled to speak at two of these robotic contests in Kentucky this weekend, not to inspire these kids to be politicians, but to inspire them to be inventors. Should this bill pass, should we kick the ladder out from our young inventors, it is going to be hard for me to face them Saturday.
I urge my colleagues to listen to the inventors of America, who are pleading to them to oppose this bill.
Madam Chair, I have an amendment at the desk.
Madam Chair, section 5 of this bill shares a common defect with the rest of this bill. Although well-intentioned, it will have bad effects on our patent law. In fact, it will affect legitimate patent-holders as much or worse than it would patent trolls.
Section 5 of H.R. 3309, the Innovation Act, is entitled, ``Customer- Suit Exemption.'' This section inserts a new provision into the patent code: section 296, Stay of Action Against the Customer.
The new section 296 would require a court to grant a motion to stay a patent infringement suit against certain ``covered customers.'' While well-intentioned, this section of the bill was not drafted in a careful and narrowly tailored way so as to achieve its purpose, which is to protect innocent customers, i.e., small retail customers involved in patent lawsuits.
Instead, the broad language of section 296 would likely insert more confusion into an already complicated patent infringement suit process and cause harmful unintended consequences.
For example, section 5's weakening of the right to sue downstream from the original manufacturer opens a new loophole for corporations to exploit--a huge loophole. It could allow a large computer corporation, for instance, to hide behind third-party chip manufacturers or third- party developers and thus continue to ship infringing products. The large computer corporation could thus construct a shadow shield against injunctions. The injunction tool is one of the most effective weapons in an individual, independent inventor's arsenal. We should not protect those in the supply chain who stand to benefit the most from stealing patents.
Patent experts oppose section 5 of H.R. 3309. My amendment would strike section 5 of H.R. 3309.
Let me tell you what David Kappos, former Under Secretary of Commerce and Director of the United States Patent and Trademark Office, said about this bill, particularly section 5, which my amendment seeks to strike:
I am most concerned about the covered customer stay
provision which, as written, is significantly overbroad.
While we all want to help relieve innocent retailers and
coffee shops from being taken hostage in patent infringement
suits, we should not open up the patent system to abuse by
others who will take advantage of this provision to shift
liability up or down the product creation and distribution
chain to thwart legitimate innovators from enforcing their
patent rights.
We should listen to the experts. This was the former Under Secretary of Commerce and Director of the United States Patent Office. He is telling us that this part of the bill is drafted overly broad and has unintended consequences.
I reserve the balance of my time.
Mr. Chairman, I yield 1 minute to the gentleman from Michigan (Mr. Conyers).
Mr. Chairman, section 5 remains overly broad.
The former Director of the United States Patent and Trademark Office told me as early as yesterday that we are playing with fire with section 5. That is why I urge my colleagues to oppose section 5 and to support my amendment.
Only in Washington, D.C., would you see the kind of hubris that is displayed here. We portend that we are going to protect the innovators--the people who invent in this country--yet we are ignoring their pleas to protect their rights. In this very bill, we will take away their rights while maintaining that we are helping them.
If you must vote for this bill, please vote for this amendment. This amendment will improve the bill considerably.
I yield back the balance of my time.
Mr. Chair, I demand a recorded vote.