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Senate Proceeding on Mar 1st, 2011 :: 1:15:25 to 1:26:15
Total video length: 2 hours 34 minutes Stream Tools: Stream Overview | Edit Time

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Patrick Leahy

1:15:05 to 1:15:26( Edit History Discussion )

Patrick Leahy: senate will resume consideration of s. 23, which the clerk will report. the clerk: calendar number 6, s. 23, a bill to amend title 35, united states code, to provide for patent r mr. leahy: madam president, before we begin, i have nine unanimous consent requests for committees to meet during today's session of the senate.

Patrick Leahy

1:15:25 to 1:26:15( Edit History Discussion )
Speech By: Patrick Leahy

Patrick Leahy

1:15:27 to 1:15:47( Edit History Discussion )

Patrick Leahy: they have the approval of the majority and minority leaders. i ask unanimous consent these requests be agreed to. the presiding officer: without objection. mr. leahy: i ask unanimous consent they be printed in the record. the presiding officer: without objection, so ordered. mr. leahy: madam president, yesterday the senate began debate on the america invents act. we adopted the committee

Patrick Leahy

1:15:48 to 1:16:08( Edit History Discussion )

Patrick Leahy: amendments and we proceeded to have five additional amendments offered to the bill. this morning i'll be offering a managers' amendment along with the distinguished senator from iowa, senator grassley, that incorporates additional improvements being made to suggestions of senator coburn and senator schumer, senator coons, senator bennett and

Patrick Leahy

1:16:09 to 1:16:29( Edit History Discussion )

Patrick Leahy: others. when we adopt this managers' amendment, i believe we will be very close to a consensus bill. the senate can and should pass to help create good jobs, encourage innovation, strengthen our recovery and the economy. i ask consent to include in the

Patrick Leahy

1:16:30 to 1:16:51( Edit History Discussion )

Patrick Leahy: record a statement of the administration policy for the obama administration. the presiding officer: without objection. mr. leahy: and i thank all those for the administration who worked on the matter, and in particular the director of the patent and trademark office and former secretary daley, now chief of staff at the white house. the statement describes the bill

Patrick Leahy

1:16:52 to 1:17:13( Edit History Discussion )

Patrick Leahy: as representing a fair, balanced and necessary effort to improve patent quality. it concludes, senate passage of this bill is consi administration's commitment to support and encourage innovation to improve competiveness, economic prosperity and job growth without adding a penny to the deficit.

Patrick Leahy

1:17:14 to 1:17:36( Edit History Discussion )

Patrick Leahy: it also notes that the transition simplifies the process of acquiring rights and describes it as an essential provision to reduce legal costs, improve fairness and support u.s. innovative seeking to market their products and services in a global marketplace. i agree.

Patrick Leahy

1:17:37 to 1:18:01( Edit History Discussion )

Patrick Leahy: i believe it should help small and independent inventors. on president's day just over a week ago, "the new york times" included an article on its front page entitled century goal," noting a better patent office. that's what we're trying to do

Patrick Leahy

1:18:02 to 1:18:22( Edit History Discussion )

Patrick Leahy: with that bill, the bipartisan leahy-grassley reform act or the america invents act. we have to reform our patent office and our patent laws. they haven't been updated for 60 years. we have to help create good jobs, encourage inn strengthen our economy. in that article, the reporter

Patrick Leahy

1:18:23 to 1:18:44( Edit History Discussion )

Patrick Leahy: notes the growth of patent applications to more than 2,000 a day last year. that's not a typographical error. 2,000 a day last year. in a record, 1,000 patents were

Patrick Leahy

1:18:45 to 1:19:05( Edit History Discussion )

Patrick Leahy: issued in 2010 but there remains a backlog at the u.s. patent and trademark office. another 5,000 being processed that's 1.2 million applications in the pipeline. among them could be the next medical miracle, the next energy breakthrough, the next leap in

Patrick Leahy

1:19:06 to 1:19:28( Edit History Discussion )

Patrick Leahy: computing ability, the next killer app. it really makes no sense, it takes two years for an inventor to get initial ruling on his or her patent application and then

Patrick Leahy

1:19:29 to 1:19:50( Edit History Discussion )

Patrick Leahy: another year or more to get the patent. "the new york times" reporter notes the delays in inefficiencies are more than a nuisance for inventors. patent delays cost jobs, slow the economy and threaten the ability of american companies to compete with foreign businesses.

Patrick Leahy

1:19:51 to 1:20:12( Edit History Discussion )

Patrick Leahy: let me emphasize that last part. threatening the ability of american companies to compete with foreign businesses. madam president, i believe american companies can compete with any company anywhere in the world if we're given the tools to do it. and right now we're hampering american companies from

Patrick Leahy

1:20:13 to 1:20:33( Edit History Discussion )

Patrick Leahy: competing worldwide. we're not going to be the leader we are today if we allow that to continue. the senate has before us bipartisan legislation that can lead to in the patent laws. we should be focused on it, moving ahead to pass it without

Patrick Leahy

1:20:34 to 1:20:56( Edit History Discussion )

Patrick Leahy: delay. it's to help facilitate innovation and job creation and do so in the private sector. tprefrpb start-ups -- everyone from start-ups and small businesses to large this is a time for the senate not to be playing political games but to serve the interest

Patrick Leahy

1:20:57 to 1:21:17( Edit History Discussion )

Patrick Leahy: of the american people by concentrating on the important legislation before us. we should not be distracted. it's a bipartisan bill. we should not be diverted into extraneous issues but focus our debate on those few amendments the senators feel need to be debated to perfect this bill.

Patrick Leahy

1:21:18 to 1:21:38( Edit History Discussion )

Patrick Leahy: i mentioned in my opening statement the anticipated amendment on fee diversion. i appreciate the efforts of the senator from oklahoma to end patent fee diversion. it is a reform senator hatch and i long supported. i appreciated working with him and withholding his amendment

Patrick Leahy

1:21:39 to 1:22:02( Edit History Discussion )

Patrick Leahy: during committee consideration. we also incorporated in the managers amendment an amendment from senator schumer that concerns business method patents. we provide a process for reexamination by the patent and trademark office. this would also improve patent quality. we incorporate suggestions from senator tpwhepbt and senator --

Patrick Leahy

1:22:03 to 1:22:24( Edit History Discussion )

Patrick Leahy: tpwh epbt and -- senator bennet and senator coons. the administration noted in its statement they would not object to removal of these provisions. senator bennet came forward last night with an amendment to explain along with a change to

Patrick Leahy

1:22:25 to 1:22:46( Edit History Discussion )

Patrick Leahy: the definition of a microentity made at the suggestion of the minority leader and my amendment to conform the name of the legislation to the america invents act. i hope we adopt this amendment without delay. i understand there may be senators who do not agree with the reform to update and simplify our system. if they attempt to bring an amendment, they should do so

Patrick Leahy

1:22:47 to 1:23:07( Edit History Discussion )

Patrick Leahy: without delay because i think the senator from iowa and i would like to wrap up this legislation. those are matters concerning this legislation we can consider, we can resolve with undue delay. we should be able to complete action on this bill today or tomorrow. then the senate can turn its full attention to the funding of

Patrick Leahy

1:23:08 to 1:23:29( Edit History Discussion )

Patrick Leahy: this resolution needed to be enacted this week by congress. what we should not do is delay or sacrifice the job-creating potential of this bill to a side debate to such things about the debt limit or whether we amend the constitution of the united states. those are debates we'll be happy

Patrick Leahy

1:23:30 to 1:23:50( Edit History Discussion )

Patrick Leahy: to have in their own right. let's not allow other countries around the world to have such a competitive advantage because we're too slow in moving on this bill. the bipartisan america invents act is too important to be turned into a mere vehicle to launch speeches or debates about pet causes. it's not the bill to have

Patrick Leahy

1:23:51 to 1:24:11( Edit History Discussion )

Patrick Leahy: debates about whether the u.s. were to reach its debt ceiling, the government should be repaying creditors like china before meeting other obligations to the american people. that theoretical debate has nothing to do with patent reform in this bill. it will be a bill you can have a debate on if you want. this bill is one that doesn't

Patrick Leahy

1:24:12 to 1:24:34( Edit History Discussion )

Patrick Leahy: spend taxpayers' money or raise the debt one dollar. so i would hope that we can have the support of our lead republican sponsors in the bipartisan senate leadership to table extraneous amendments; we can complete our work on this amendment.

Patrick Leahy

1:24:35 to 1:24:57( Edit History Discussion )

Patrick Leahy: and i have, madam president, i have a managers' amendment. i described part of it already. i will send it to the desk and ask consent that the pending amendment be set aside and this be considered. the presiding officer: is

Patrick Leahy

1:24:58 to 1:25:18( Edit History Discussion )

Patrick Leahy: there objection? without objection, the clerk will report. the clerk: the senator from vermont, mr. leahy, for himself and others proposes an amendment numbered 121. mr. clerk dispense with the reading. the presiding officer: without objection. mr. leahy: and i ask for the

Patrick Leahy

1:25:19 to 1:25:40( Edit History Discussion )

Patrick Leahy: agreement of the managers' amendment. madam president, i'll put -- madam president, i suggest the absence of the presiding officer: the clerk will call the roll. a senator: madam president? the presiding officer: the senator from south a senator: i ask the quorum call be suspended. the presiding officer: without

Patrick Leahy

1:25:41 to 1:26:06( Edit History Discussion )

Patrick Leahy: objection. mr. leahy: i'd like to object. i'd ask the distinguished senator if he'd hold off. the presiding officer: the senator cannot -- mr. leahy: then i suggest the absence of a the presiding officer: the clerk will call the roll.

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