It looks like my prediction on Tuesday that the Senate would pass H.R. 1249, the America Invents Act, prior to President Obama’s much anticipated jobs and economy speech that begins at 7:00pm ET today, Thursday, September 8, 2011. The Senate voted to pass H.R. 1249 and send the House version of the America Invents Act to the White House for President Obama’s signature by a vote of 89 to 9. The Coburn Amendment, which would have once and for all put an end to fee diversion, was unsuccessful, being tabled by a vote of 50 to 48.
Beginning at 4:00pm ET the Senate started considering three separate amendments to H.R. 1249. The passage of any would have required the legislation to ping back to the House of Representatives, but that was not to happen.
What should you expect from President Obama’s jobs speech tomorrow? Sadly, not much.
The president says that’s the fault of recalcitrant Republicans in Congress. Republicans in Congress say it’s the fault of a president who is hostile to business.
But the real reason we are not putting people back to work three long years into the recession is that Washington is afflicted with a totally-bipartisan cluelessness about how to create jobs.
As I argued in my “Labor Day Message for President Obama” in the Wall Street Journal last weekend, there is a great deal that the president and congress can do to create millions of new jobs quickly, if only they would stop their ideological bickering and instead “focus on a few practical, low-cost measures that we know will create lots of jobs quickly.”
The United States Senate voted 93 to 5 earlier this evening to end debate on patent reform, which should set up a vote on H.R. 1249 in the coming days.
The United States Senate first passed its own version of patent reform, dubbed the America Invents Act – S. 23, in February 2011. The House of Representatives took up patent reform in the Spring, ultimately passing H.R. 1249, also dubbed the America Invents Act. Because the House version of patent reform was not identical to the Senate version of patent reform the legislation pinged back to the Senate. Immediately before the Senate went out on its annual August recess Senate Majority Leader Harry Reid (D-NV) filed for cloture on H.R. 1249, scheduling the Senate’s first day back after the August recess as the day for the cloture vote. That cloture vote is what passed by a vote of 93-5.
Victoria Espinel, White House IP Enforcement Coordinator
Counterfeiting is an enormous problem for businesses all over the world. Counterfeiters rip off name brand products, making cheap knock-offs, easily (and conservatively) costing many hundreds of millions of dollars each year. According to the International Quality & Productivity Center: “The counterfeit and gray market luxury goods trade is so big that experts estimate it to be anywhere from $300 – $600 billion globally.”
There are always those who will dispute whatever estimates are made about the level of counterfeiting present in the global marketplace, and $300 to $600 billion does seem quite high. The trouble with those who challenge the estimates is that they have absolutely no proof of their own, just suspicions. Those who claim to have proof only engage in the totally disingenuous charade of pretending that a $10 name brand product sold for $1 is properly characterized as a $1 loss because that was what the counterfeit consumer paid. Such intellectually dishonest and near deceitful conclusions do nothing other than excuse criminal activity and ignore the obvious. When someone purchases a knock-off for $1 there is no need for that person to spend $10 for the name brand product. Calling this a $1 loss makes taking anything the counterfeit apologists say almost impossible to take seriously.
You hear a lot these days about the need to protect Intellectual Property and capture innovation, but you don’t hear much about the traditional expense involved. There’s a reason for that: given the constantly evolving, “wild west” nature of today’s technical frontier, it is often prohibitively expensive for the little guy to cover all the bases and keep up with all the changes. Small businesses have had few options for affordable, comprehensive preparedness on the IP front, and in the wake of the recession, you’re likely to hear a lot more about the need to cut legal spending than you are about performing more audits and hiring more lawyers.
Companies are beginning to tackle this paradox by practicing the word on the lips of everyone from David Kappos (Under Secretary of Commerce for Intellectual Property and Director of the USPTO) to Robert L. Stoll (Commissioner for Patents, USPTO), to business leaders, to even President Obama – innovation. But what good is innovation in and of itself? The innovation our leaders want demands adequate protections in place to turn those promising innovations into business assets.
President Obama announces of new Commerce Secretary. Secretary Gary Locke (left) and Secretary Designate John Bryson (right).
Earlier today President Obama announced the nomination of John Bryson as the next Secretary of Commerce. Bryson, the former CEO of Edison International and co-founder of the Natural Resources Defense Council, will replace current Secretary of Commerce Gary Locke who has been tapped as the next United States Ambassador to China. Meanwhile, earlier in the day Secretary Locke continued to work patent reform, sending letters to Congressman Lamar Smith (R-TX), who is Chair of the House Judiciary Committee, and to Congressman John Conyers (D-MI), Ranking Member of the House Judiciary Committee, which set forth the Administration’s position on patent reform.
Notably, but not surprisingly, Secretary Locke explained: “The Administration continues to strongly support the bipartisan efforts of Congress to enact patent reform legislation that will accelerate innovation, and create new jobs, new industries and new economic opportunities for Americans.” Secretary Locke went on to elaborate more specifically about some of the specific provisions of the America Invent’s Act, explaining the Obama Administration supports first to file provisions, supports giving the Patent and Trademark Office the ability to set fees and keep the fees collected to be used to run the agency, supports post grant review and supports allowing individuals to submit prior art references to patent examiners. Unfortunately, however, Secretary Locke explained that the Administration generally supports prior user rights given that it is, on balance, a good policy. I respectfully dissent!
On March 7, 2011, I had the privilege of conducting an interview with the United States Secretary of Commerce Gary Locke. Later in the day word began to leak that President Barack Obama was planning on announcing that he would appoint Locke to be the next United States Ambassador to China. ABC News first broke the story that President Obama would nominate Secretary Locke to become Ambassador to China after the close of business on March 7, 2011, and President Obama followed suit and later that week did announce that Locke would become the next Ambassador to China. Little has been said since that time about Locke moving on to become Ambassador to China, and less even still has been said about who will replace Secretary Locke once he leaves the Department of Commerce.
Those who live inside the beltway know that rumors swirl left and right, and it is sometimes extremely difficult to cut through the rumor-mill, which sometimes seems more like a “wishful thinking mill” than a true rumor-mill. Notwithstanding, there is one name that I have heard from multiple sources as likely to become the next Secretary of Commerce — Ambassador Ron Kirk.
Because of sufficient funding not linked to the current fiscal year, the United States Patent and Trademark Office will remain open for business and will continue to operate as usual through the close of business on Monday, April 18, 2011 even in the event of a government shutdown. The USPTO has enough reserves to operate for 6 business days even in the event of a government shutdown, and should a shutdown occur and continue longer than 6 days the USPTO anticipates that limited staff would still be able to continue to work to accept new electronic applications and maintain IT infrastructure, among other functions. Thus, USPTO employees are not in any immediate risk of a furlough due to the ongoing fiscal year 2011 budget battle being waged between Speaker of the House John Boehner, Senate Majority Leader Harry Reid and President Barack Obama.
As part of the White House’s Startup America initiative, on April 6, 2011, senior Obama Administration officials will visit St. Paul, Minnesota to meet with entrepreneurs and hear directly from them on ideas and suggestions for reducing barriers and improving regulations to build a more supportive environment for entrepreneurship and innovation.
Using the input from the roundtables and broader public participation, the Obama Administration hopes to put together a list of the best ideas to streamline and simplify unnecessary barriers to America’s entrepreneurs and innovators. The Administration says these ideas will be incorporated into the agencies’ responses to the President’s Executive Order instructing federal agencies to identify and take steps to eliminate or reduce regulations that are outdated or overly burdensome to entrepreneurs.
At least initially, President Obama was keenly interested in exploring how the United States government could use open source software rather than rely on proprietary software. President Obama was so interested in pursuing open source software solutions that on his second day in Office he asked Scott McNealy, a co-founder of Sun Microsystems, to lead his open source charge. In fact, President Obama reportedly asked McNealy to prepare a report on how the federal government could employ open source software, but as yet, some 26 months later there has been no mention of the report or across the board government adoption of open source software.
Open source advocates praised the fact that President Obama wanted to transition the U.S. government away from proprietary solutions and into open source, but now that the report has seemingly stalled and the White House has done little more than release open source Drupal code, what does the open source community have to show?