On the recordSeptember 7, 2007
I'll briefly explain the amendment. Almost every single agency of the Federal Government has rule-making authority. But, quite frankly, rules are, in fact, laws made by agencies. So when the Patent and Trademark Office repeatedly has asked us for rule-making authority, it has been a long process to figure out the best way to allow them to make rules but to retain our genuine constitutional obligation over the effects of those laws. So, in doing so, what we did was we crafted a constitutional review. We're not allowed to veto these agencies, but we are allowed to overrule them. And in doing so, what we have decided to do is to allow any Member of the House or the Senate to bring a motion in opposition to any rule produced or proposed by the Patent and Trademark Office, and we will, in fact, within 60 days, hear that rule, that opposition and make a decision. This is designed specifically to stop any overreaching under this underlying bill from potentially causing things which we would not have legislated to, in fact, be legislated, while recognizing that we want the Patent and Trademark Office to have the ability to move swiftly and accurately to the conclusion of patents on behalf of our economy.
Source
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