H.R.359
To restore the term of patents, and for other purposes.

Sponsors and Co-Sponsors

Thomas Legislative Information

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01/04/1995 Introduced in House

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07/03/1995 - Robert H. Rines, Skip Kaltenheuser - The Connecticut Law Tribune

Lawyers advising U.S. players on the world business stage should understand the importance of strong intellectual property protection for America's entire innovative community. Yet some define their clients' interestsso narrowly that they regard U.S. patent strengths as @ chits to be swapped for marginal gains abroad.

Such was the case last year when the term of U.S. patents, in less than democratic spirit, was slipped into the General Agreement on Tariffs and Trade (GATT) implementing legislation for a fast-track up or down vote on the entire package. The U.S. term was changed from 17 years from the date of the patent grant to 20 years from the date of the application filing. GATT, however, requires only a minimum of 20 years from filing. Though California Republican Rep. Dana Rohrbacher's proposed bill - H.R.- 359 which had 177 cosponsors across the full political spectrum, Congress has the chance to strengthen the U.S. term to 17 years from grant or to 20 years from filing, whichever is longer, without impeding GATT. More...

02/05/1995 - Paul Heckel, President - Intellectual Property Creators

In December , Bill Budinger wrote an article for the Law Works. In it, he says "on behalf of the White House Conference on Small Business, [he] testified in support of HR 1733 and in opposition to HR 359...." The major issues involved are (a) should we rescind the change to a 20 year for filing patent term that went into effect with GATT as HR 359 would do. (he said "no"), and (b) should we publish patent applications 18 months after filing as HR 1733 would do (he said "yes"). The vast majority of people in the inventor community (and many in the legal community) art trying to stop these changes More...

02/01/1996 - Professional Inventor's Alliance

S.1540 seeks to cure two "problems" with H.R.359 and S.284 (The Patent Term Restoration Bills). However, these two "problems" are fictional (strawmen) "problems" that do not exist. S.1540 results from erroneous information provided to the Senate by those who wish to weaken the American patent system.

The first fiction is that H.R.359 and S.284 "allows each applicant to select the way in which the patent term will be measured" [1]. This is erroneous. There is no selection, neither by the applicant, nor by the Patent Office, nor by anyone else. H.R.359 and S.284 use language similar to that used in the GATT legislation, the later of 17 years from issuance or 20 years from filing [2]. More...

// - David Friedman, Los Angeles Times

At the Asia-Pacific Economic Cooperation forum in Osaka last week, the downsized U.S. negotiating team-the budget crisis kept Bill Clinton in Washington-pursued an international agenda that constituents increasingly mistrust. Seventy percent of Americans now believe that the recent free-trade accords are harming the United States. Boeing's growing Asian procurement-utterly ignored two years ago when President Clinton addressed the forum in a 747 hanger is fueling a major labor dispute. Ballyhooed initiatives, like Commerce Secretary Ronald H. Brown's trip to China last year, do little but transfer big-company technology and manufacturing skills overseas in exchange for token royalties. More...

11/01/1995 - Robert Rines, National Inventors Hall of Fame

The 20-year patent life from application filing in the circumstances of pioneer and breakthrough and radically new technology inventions does not assure anything like the earlier 17 years of patent protection from date of grant that previously underpinned the greatness of America's innovation record -- a record not even approached by Europe or Japan with their 20 year mind set which unfortunately was copied into the GATT legislation. More...

11/01/1995 - Diane L Garner, Molecular Biosystems, Inc.

I am honored to have the opportunity to address a matter today that is of grave concern to my company, and to our industry. I am here as a representative for my employer, Molecular Biosystems, Inc., for BIOCOM and the biotech industry as a whole. Companies like Molecular Biosystems play an increasing role in the economy of their home states and of the nation. But the biomedical/biotech industry is struggling to survive in our country. The United States is currently the worldwide leader in this field. We have the ability to produce the most innovative technologies resulting in the greatest medical advances ever imagined. Yet, our biggest fear is that our companies will not realize the longevity needed to accomplish these achievements. No biotech conference is complete without seminars on patent matters, regulatory issues and investment concerns. These three areas provide more setbacks to the scientific process than anything that occurs in the laboratory. Recent changes to the patent system have created yet additional hurdles for our industry. H.R. 359 provides remedies that will strengthen our patent system, which is critical to the survival of our technology. More...

11/01/1995 - Dr. Raymond Daidian

Much of the attack directed at the U.S. Patent that we are here today to defend against, arises from a lack of appreciation of just what the U.S. Patent has done for the American people and how directly it has caused the financial well-being of every person in this room and indeed every person in America. I begin from this premise because it is impossible for me to imagine that men and women of such noble intentions as inhabit this Congress could tolerate, even for a moment, such hostile attacks on this institution of the U.S. Patent if they genuinely understood what a crucial role it has played in generating most, if not all, of the wealth our people have had the privilege to enjoy. They would view it as the betrayal of a nation and its promoters as the betrayers. They would recognize without qualification that we should be laying our gratitude at the feet of the patent instead of seeking its destruction. More...

11/01/1995 - Paul B. Crilly, Ph.D

Abraham Lincoln stated that patent and copyright protection was one of the greatest innovations of Western Civilization. Given the tremendous fruits of the American patent system and that we are in the so-called information age, it seems peculiar that there has been such an unprecedented attack on this system and the patent rights enjoyed by Americans. This attack has been led by those same persons who are downsizing and exporting jobs overseas. They and some of those in authority in the U.S. Department of Commerce view U.S. patent rights as a trade chit to be negotiated away to our foreign competitors. Bill H.R. 359 is corrective legislation that will restore the patent protection Americans have had for over 200 years and it should be quickly passed by the Congress. More...

10/10/1995 - David L. Hill

The current concerted effort to weaken the rights of the independent U.S. inventor by attacking those rights simultaneously from several directions may best be understood as an effort to weaken the United States as a viable economic unit. Some groups who have been manipulated into supporting this putsch may not understand the implications of their position. More...

10/01/1995 - Alliance for American Innovation

The Administration promised Senator Dole in writing that they would not oppose legislation to restore the patent patent term to the historical term of 17 years from issuance if Senator Dole voted for the GATT implementing legislation. As a result of this commitment, Senator Dole voted for the GATT implementing legislation and Senator Dole introduced S. 284, a bill to restore the term of patents. S. 284 is the Senate version of H.R. 359 introduced in the House early in January, 1995. Now, in complete disregard for the written commitment to Senator Dole, the Patent Office is distributing an official document entitled Administrative Comments on H.R.359/S.284 to oppose the restoration of the patent term. Even worse, this official document is fraught with many absurd statements that are totally untrue or are insidious half-truths. More...

09/27/1995 - American Council on Education

On behalf of the American Council on Education (ACE) representing over 1,8W colleges and universities, we are pleased to provide our views on H.R. 359 and S. 284.

Many of our member institutions participate in go government - university - industry partnerships that Involve the transfer of university technology to industry and small business. These relationships have been extremely beneficial to all concerned. More...

09/01/1995 - Beverly Selby, The Officer

The Officer, September 1995

American Patent System Subject To Power Grab
- By Beverly Selby

The recent book Patent Wars: The Battle To Own The World's Technology, best describes the reason for the current legislative struggle in the 104th Congress about intellectual property. It states, ""in the war for global economic dominance, the fiercest battles today are over intellectual property. Where nations 'once fought for control of trade routes and raw materials, they now fight for exclusive rights to ideas, innovations and inventions." More...

08/11/1995 - American Bar Association

Although belated, the American Small Businesses Association casts its support for S. 284. Recently we became aware of the provisions of GATT that will adversely affect Americain technology development worldwide. We applaud the provisions of S. 284 and H.R. 359 that will correct the unfair patent provisions of the GATT legislation passed by the 103rd Congress. More...

05/01/1995 - Ted Bunker, Investor's Business Daily

Has the Clinton administration bargained away the fruits of America's future Thomas Edisons and Edwin Lands?

Regulation

Under a deal cut with Japan last year, the administration has pushed through some significant changes in patent law that are due to take effect in June.

The two most important changes make patents effective for 20 years from the date of first application rather than the current 17 years from the date of issue, and require publication 18 months after filing instead of on issue. More...

04/18/1995 - Council on Government Relations

The Council on Governmental Relations, an association of 137 research intensive universities with a focus on regulatory compliance, and three other prominent national associations of higher education are writing to express support for H.R. 359, introduced by you for the purpose of patent term restoration and patent disclosure. We are also aware. of and we endorse the companion bill (S. 284) introduced by Senator Dole. More...