Patent Bill Is Bad For U.S. InventorsBY Tom Pauken16, June 2011 The Obama Administration is supporting a major revision of U.S. patent law which raises serious Constitutional issues and would discourage innovation here in the United States. Known as H.R. 1249, the so-called patent reform legislation already has passed the U.S. Senate where it was sponsored by Democratic Senator Pat Leahy of Vermont. The legislation currently is pending in the U.S. House of Representatives. The bill would fundamentally change the patent application process. Patents no longer would be granted to those who are “first-to-invent” but instead to those who are “first-to-file” a patent application. “First-to-file” gives a distinct advantage to large corporations that can afford to navigate the complicated and costly patent application process. The current system provides protection to entrepreneurial investors and small companies engaged in the kind of innovative and creative work that leads to productivity and job creation here in the United States. A “first-to-file” approach would increase the roadblocks and regulatory burdens that an upstart business faces. There also are serious Constitutional issues raised by this proposed patent legislation. As the U.S. Business and Industry Council has pointed out, “the bill strips Congress of the ‘power of the purse’ set forth by the U.S. Constitution. H.R. 1249 would delegate Congressional authority on fee-setting and spending to the patent office, stripping Congress of its oversight of a major federal agency – a duty mandated by the Constitution.” Rep. Dana Rohrabacher, who is leading the opposition to H.R. 1249 in the House, warns that “we will have weaker protections for our inventors and we can expect American innovation to be easily stolen not only domestically but by foreign entities overseas” if this legislation passes. This is a bad bill for U.S. inventors, American small businesses, and our U.S. manufacturers. Let’s hope that enough members of Congress are willing to stand up and defeat this “stealth” legislation being promoted by multinational corporations, foreign interests, and the Obama administration.  Tom Pauken Chairman of the Texas Workforce Commission and author of Bringing America Home. 
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