Michael Bennet

Mr. BENNET

Mr. BENNET. Mr. President, Senators are encouraged to gather in the Senate Chamber at 10:40 a.m., and we will proceed as a body to the Hall of the House at 10:45, for the joint meeting of Congress. Furthermore, Senators should expect two rollcall votes at 3 p.m. tomorrow on passage of H.R. 1, the Defense appropriations and long-term continuing resolution for fiscal year 2011 and the Democratic alternative offered by Senator Inouye, which is amendment No. 149.

Mr. BENNET

Mr. BENNET. Mr. President, if there is no further business to come before the Senate, I ask unanimous consent that it adjourn under the previous order.

Mr. BENNET

Mr. BENNET. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. BENNET

Mr. BENNET. I agree with the Senator. We need to be maximizing our human capital. I have heard from a number of more senior patent attorneys and engineers in Denver that would love to work for the USPTO but cannot uproot their families across the country. Having a satellite office in places like Denver will make sure we are taking advantage of these high-skilled workers. While our amendment provides for an open process and does not constrain the USPTO in making determinations for future offices, we do hope that the Office can build on its decision making process in 2010. This process ultimately led to the selection of Detroit as an initial regional satellite. While Senator Udall and I were disappointed that Colorado wasn't selected, we respect the thoroughness of the USPTO's review and do not want all of its hard work in reviewing locations across the country to go to waste.

Mr. BENNET. I fully agree with Senator Udall. There are a number of clear, objective reasons why Colorado should be a regional satellite location for the USPTO. My understanding is that in 2010 the USPTO applied a number of criteria to review numerous site possibilities. This criteria included patents granted, per capita; scientists and engineers in the State, per capita; proximity to law schools and major research institutions; number of patent attorneys and agents; number of teleworking PTO patent examiners; and presence of Federal employees, office space. This approach makes sense. By all accounts--and I admit I am biased here--Denver is at the top. It is my strong view that when you factor in our central location and accessibility to the rest of the country, it makes sense for an office to be located in Denver.

Mr. BENNET. I thank the Senator.

Mr. BENNET. Mr. President, I thank Chairman Leahy for working to pass an amendment I introduced last week with Senator Udall to authorize the Director of the U.S. Patent and Trademark Office, USPTO, to establish three or more satellite offices. This amendment will go a long way toward improving the efficiency and quality at the USPTO. I really appreciate the chairman and ranking member for working with us to modify the amendment's language in order to address colleagues' concerns on both sides of the aisle. We struck a good balance to not tie the hands of the USPTO, allow the Office to take advantage of the work it has done on the satellite office concept, and ensure that PTO can have an open, competitive process in making determinations for future regional satellite offices. At this moment, I would like to invite the senior Senator from Colorado, Mark Udall, to enter into a colloquy to discuss this amendment. The establishment of regional satellite offices will help the USPTO recruit and retain workers from across the country. Regional offices will draw local scientists, engineers and patent attorneys into the USPTO, which add real world expertise to the patent review process. They will also increase outreach activities and connection to patent filers; enhance the ability of the USPTO to recruit and retain patent examiners; and improve the quality and pendency for patent applications. In short, USPTO Director Kappos has already taken steps toward establishing regional satellite offices. Our amendment is intended to build on this prior work, which I believe provides a good foundation for the USPTO improving its footprint in innovation centers across the country. I know Senator Udall and I will be advocating for a regional satellite office in Denver, and of course we expect other advocates to point out the merits of their potential sites as well.

Mr. BENNET

Mr. BENNET. Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on March 3, 2011, at 9:30 a.m.

Mr. BENNET. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on March 3, 2011, at 2:30 p.m., to hold a hearing entitled, ``Navigating a Turbulent Global Economy--Implications for the United States.''

Mr. BENNET. Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on March 3, 2011 at 2:30 p.m.

Mr. BENNET. Mr. President, I ask unanimous consent that the Committee on Small Business and Entrepreneurship be authorized to meet during the session of the Senate on March 3, 2011, at 10 a.m. to conduct a hearing entitled ``Closing the Gap: Exploring Minority Access to Capital and Contracting Opportunities.''

Mr. BENNET. Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet during the session of the Senate, on March 3, 2011, at 10 a.m., in SD-226 of the Dirksen Senate Office Building, to conduct an executive business meeting.

Mr. BENNET. Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on March 3, 2011, at 9:30 a.m., in room 366 of the Dirksen Senate Office Building.

Mr. BENNET. Mr. President, I ask unanimous consent that the Committee on Agriculture, Nutrition, and Forestry be authorized to meet during the session of the Senate on March 3, 2011, at 2:30 p.m. in SR 328A.

Mr. BENNET

Mr. BENNET. Mr. President, today I wish to honor the students and staff at Fort Lupton Middle School, whose relentless hard work and dedication to improving student achievement and setting students on the course toward success has earned the school the title of National Middle School of the Year. The award is presented by the National Association of Middle School Principals to schools that go the extra mile to address the needs of students at the middle school level through academics and activities. And Fort Lupton Middle School's teachers and students are willing to go that extra mile and then some. In a story published earlier this year in the Fort Lupton Press, sixth-grade language arts teacher Liz McCachren said that most people assume that her job as a middle school teacher isn't very fun. ``I want people to know that it's not scary,'' she said. ``There's nothing scary about these kids or this building. It's a really good middle school. . . . The students just make my day brighter. Every day, I can't wait to be here. That's why this school is unique. Because we like each other. We work together.'' By working together, the teachers at Fort Lupton created Power Hour, giving students time to do their homework while teachers are available to assist. And it is not just teachers working together. Students are taking ownership of their education and helping one another succeed. Through the program ``Where Everybody Belongs,'' Fort Lupton eighth graders serve as mentors for incoming sixth graders, so they adjust to their new school and surroundings and are better equipped for success. Programs like these help lay the groundwork for student success, and they have built a sense of pride and community at Fort Lupton Middle School. These kids are excited and eager to learn, and they are setting a wonderful example for their peers across the state of Colorado and the country. As we continue to push forward to do the important work of improving public education and make sure our public schools prepare our kids to be leaders in the 21st century economy, we must continue to listen to the voices, ideas and aspirations of principals, parents and students, like those at Fort Lupton Middle School. I join all members of the Fort Lupton community and the State of Colorado in congratulating these bright kids and their teachers for a job well done and look forward to their continued success.

Mr. BENNET

Mr. BENNET. Mr. President, I would like to speak briefly on the importance of passing the America Invents Act. Chairman Leahy and the Judiciary Committee have worked hard to put this product on the floor that will mark the biggest reforms to our patent system in 60 years. This bill will create jobs in Colorado and across the country by promoting innovation. By making our patent system more efficient, we are building the foundation for future economic growth. In my State alone, nearly 20,000 patent applications have been granted between the years 2000 and 2009. These applications have created the foundation for our clean energy economy and emerging tech and bio industries. Having a high quality U.S. Patent and Trademark Office is essential to maintaining American leadership in innovation. The America Invents Act will help us grow new industries and will help cure the backlog and delay that have stunted the ability of inventors to patent their ideas. Right now, the average pendency period for a patent application is 36 months. That is unacceptable if we are to compete with the rest of the world. This does not even account for those patents that have been tied up in years of litigation after they are granted. And we have improved the bill on the floor by helping solidify alternatives to litigation, provide for more efficient resolution of disputes and help create more certainty, which is essential to inventors. It is hard to pass a jobs bill without spending money, but that is absolutely what we have done here. The bill does a good job of balancing the interests of innovators across the many sectors of our economy. We have passed a number of bipartisan amendments that have improved this bill. We added amendments promoting the establishment of satellite USPTO offices in regions across the country; creating a discount for small entities to participate in the accelerated patent examination program of the USPTO; and addressing concerns with damages and venue provisions. I am proud to have worked with the chairman and the ranking member to get these issues resolved. I also commend Senator Menendez on his amendment to provide a fast track for patents that are critical for our national competitiveness, which I cosponsored. The Senate has come a long way toward improving our patent system with this legislation and harmonizing our system with the rest of the world. There are a lot of people in my State who are interested in further improvements. I pledge to continue to work with them to help make sure we continue to fine tune this legislation where we can. The America Invents Act represents significant progress for our patent system. We are moving our patent system into the new century, which is already being defined by the next wave of American innovation. The breadth of support for this legislation across industries and from large and small businesses, as well as our universities, has provided the momentum to complete this legislation. I would like to close by again thanking the chairman and Judiciary Committee. I urge my colleagues to vote for patent reform. I thank the Chair. I yield the floor.

Mr. BENNET. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. BENNET

Mr. BENNET. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. BENNET

Mr. BENNET. Mr. President, I would like to speak briefly on my amendment to strike the damages and venue provisions from this legislation. I thank the chairman and committee for working with my office on this important amendment and incorporating it into the managers' amendment. I know the committee has been working tirelessly to address concerns with this bill, and I applaud their efforts for trying to build consensus. As I discussed yesterday, I believe a well-functioning patent system is critical for our economic growth. The reforms in this legislation will promote innovation and create jobs. In my State alone, nearly 20,000 patent applications have been granted between the years 2000 and 2009. These applications have created the foundation for our clean energy economy and emerging tech and bio industries. Small inventors start new Colorado companies, and more established companies are able to expand their operations in a very competitive, knowledge-based economy. An efficient and high-quality U.S. Patent and Trademark Office is essential to maintaining American leadership in innovation. The improvements to the patent system in this bill will help us grow new industries and will help cure the backlog and delay that has stunted the ability of inventors to patent their ideas. Right now, the average pendency period for a patent application is 36 months. That is unacceptable if we are to compete with the rest of the world. This doesn't even account for those patents that have been tied up in years of litigation after they are granted. This is why we need to ensure that patent owners have certainty. Consistency, uniformity, and fairness are essential to innovation. Prolonged litigation and legal uncertainty only serve to stifle the incentive to innovate. We need clarity and efficient review by the courts to make sure we don't have a system where patents are tied up for years. Likewise, we also need to make sure there is a fair outcome where there is an infringement. Those whose rights are infringed have every right to take their case to court and receive the appropriate damages. This is why I introduced my amendment on damages and venue. We need more certainty for patent owners, and I think portions of the bill may not do enough in this regard, in the face of litigation. In fact, the venue and damages portions of the bill may actually generate more uncertainty, not less. The Federal Circuit Court of Appeals has made significant progress on damages and venue issues. The courts are moving in the right direction, and I believe it is wiser to allow this process to run its course than to add a new layer of laws that could only serve to confuse patent litigants. So in my view, congressional intervention on damages and venue is not needed at this time. I would like to close by again thanking the chairman for his leadership and willingness to take into account the views of others on these important issues.

Mr. BENNET

Mr. BENNET. I thank the Senator from Vermont for his leadership and for his kind words about the amendment. Amendment No. 117 At this time, I ask unanimous consent to set aside the pending amendment and call up my second amendment, which is currently at the desk.

Mr. BENNET. Mr. President, my amendment provides for the establishment of three regional satellite PTO offices in the next 3 years. The Patent and Trademark Office has struggled to hire and retain over 6,000 examiners at a single location in Alexandria, VA. This has resulted in one-third of patent examiners having been with the U.S. Patent and Trademark Office for less than 3 years. Ideally, the Patent and Trademark Office would recruit examiners from all across the country, leveraging regional expertise. The PTO recently recognized this weakness in our patent infrastructure by announcing an initial satellite pilot in Detroit, MI. My amendment seeks to support this effort and further connect innovators to the U.S. Patent and Trademark Office. The establishment of satellite offices will help the USPTO to recruit and retain workers from across the country. Regional offices will draw local scientists, engineers, and patent attorneys into the USPTO, which add real-world expertise to the patent review process. Regional satellite offices will also increase outreach activities and connection to patent filers, enhance the ability of the USPTO to recruit and retain patent examiners, and improve the quality and pendency for patent applications. Europe currently uses four patent offices as a recruitment tool and is known for the ability to attract and retain highly qualified examiners. In short, the limitations of our lone patent office are placing our economy at a competitive disadvantage. It is essential, therefore, that we establish satellite offices in locations that will connect innovators and businesses across the country. I ask Senators to support my amendment at the appropriate time. Again, I thank the chairman for his leadership, and I look forward to working with him and the rest of this body to craft a good piece of legislation that helps America take the lead in the world's increasingly competitive innovation economy.

Mr. BENNET. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

Mr. BENNET. My first amendment, cosponsored by Senator Ayotte, can help small businesses utilize the Patent Office's Track I program by reducing their fees for participating. Track I allows applicants to get their patent processed more quickly, but the cost can be burdensome for small entities. This amendment would reduce small business costs by 50 percent. This Track I program will give applicants the opportunity for prioritized examination of a patent within 12 months of its filing date. On average, the pendency period for first action was 25.7 months in 2010 and 35.3 months for final disposition. By moving this process along for small businesses, we will stimulate business activity and create jobs. The 50-percent discount is in line with other small entity filing fee discounts offered by the Patent and Trademark Office and will ensure startups and smaller inventors will be at a more level playing field in order to take advantage of Track I. I encourage my colleagues to support my small business amendment at the appropriate time. Mr. President, I yield to the chairman.

Mr. BENNET. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

Mr. BENNET. Mr. President, I thank Chairman Leahy, Senator Grassley, Senator Hatch, and all of the members of the Judiciary Committee for their hard work on patent reform. Moving this bill forward has been a difficult task. I look forward to supporting the bill as we are in the process of amending it and improving it. This legislation is critical for our economic growth if we are going to rebuild our economy and win the future. We need to make sure our patent system promotes research and development, investment, job creation, and global competitiveness. This evening, I want to call up two amendments to this legislation that I believe address the need for efficiency and quality at the U.S. Patent and Trademark Office. Mr. President, I call up amendment No. 116, which is at the desk.