Statement on Signing the
Bill Authorizing Appropriations for the Patent and Trademark Office
I
have approved H.R. 2434, an act that authorizes appropriations for the Patent
and Trademark Office through fiscal years 1987 and 1988. I have done so despite
certain concerns. Our ability to compete in world markets has come to depend
more and more on the creative talents of our citizens and the extent to which
we and our trading partners respect and protect intellectual property. A
nation's respect for such property is measured in large part by its willingness
to devote the necessary resources to the administration of its patent and trademark
systems.
Recognizing
this, my administration, with the Congress' support and cooperation, has
developed a comprehensive plan for improving the patent and trademark
examination processes, reducing the pendency periods
for both patent and trademark applications, and increasing the likelihood that
issued patents and registered trademarks will withstand challenges. Complete
automation of the Office's operations by the mid - 1990's and increased
reliance on user fees are essential ingredients of this ambitious undertaking.
H.R. 2434 ensures that the Department of Commerce will have sufficient funds to
continue implementing its master plan for automating the patent and trademark
search files.
Unfortunately,
the act contains some troublesome features. My approval of this bill does not
signify that I would necessarily sign a similar bill for any fiscal year beyond
1988. I am particularly disturbed by a provision that prohibits the use of fee
revenue to defray more than 30 percent of the automation costs in each of
fiscal years 1987 and 1988. The effect of the provision will be to make the
automation initiative more dependent on scarce general revenues supplied by the
public at large and less dependent on funds supplied by those who use and
benefit from the automated systems. Should this be repeated, the future of the
automation project will be jeopardized. The continuing need for fiscal
restraint will permit no other result. Fortunately, we have been assured by
Members of both Houses that the act is intended to establish no precedent for
future years in this regard.
In
addition, I am concerned about provisions that subject key management decisions
on the deployment of the automation system to an intrusive degree of
congressional supervision. These 90-day report-and-wait provisions come unduly
close to crossing that fine line between legitimate oversight
and interference in the management prerogatives of the executive branch.
However, under the particular circumstances of this bill, I view the
report-and-wait provision less as a challenge than as a genuine desire to
understand more about the automation project and to participate with the
executive branch in helping the Patent and Trademark Office prepare itself for
the challenges of the next century.
Despite
these reservations, the act clearly has many desirable features. It makes the
current policy of reducing fees for small businesses, independent inventors,
and nonprofit organizations a permanent feature of the patent law. It makes it
clear that the Patent and Trademark Office may, except for the limitation
previously noted, use fees to support any of its programs. In sum, the act
provides the needed support to continue implementing the automation master
plan.
Note:
H.R. 2434, approved November 6, was assigned Public Law No. 99 - 607.