Congressman Lamar Smith 21st district of Texas

Contact: Blair Jones 202 225 4236

Washington, Apr 28, 2005 - Today the Subcommittee on Courts, the Internet, and Intellectual Property will conduct its second hearing on a Committee Print to improve patent quality.

The Print is based on the leading recommendations developed by the PTO and a broad cross-section of industry and trade associations that are involved in the formulation of patent policy.

There is no shortage of volunteers nationwide who want to testify before the Subcommittee.
I assure these individuals and groups that their concerns will be heard and given process.

Following this hearing, I will work with the Subcommittee members, the Patent and Trademark Office, and others to develop a bill based on the Print that I expect to move this spring.

So I urge all interested parties to work toward areas of compromise and concordance, knowing that no entity or individual will be entirely satisfied with the finished product.

Still, there are areas of agreement and the trajectory is encouraging.

Creation of a post-grant opposition system, tweaks to inter partes reexamination, more expansive use of 18-month publication, adoption of a first-to-file construct, elimination of the best-mode requirement, reformation of the inequitable conduct defense, and an overhaul of the willful damages provision have generated much support.

Hopefully, reasoned discussions and good-faith negotiations will generate support for other issues as well.

I also want to emphasize that subject matter not contained in the Print could still be included in the bill.

Last week’s panel featured representatives of larger mainstream industry groups.

Today we welcome witnesses from government, small business, the academy, and the financial world.

It is healthy and necessary to consider as many different perspectives as possible.

Such diversity will only lead to a better work product.

I look forward to the hearing and now recognize the Ranking Member for his statement.