Tim Scott: “I rise in support of H.R. 2696, the Vessel Hull Design Protection Act. This legislation creates a new design patent for…”

“I rise in support of H.R. 2696, the Vessel Hull Design Protection Act. This legislation creates a new design patent for vessel hulls. Confusion between copyright patent and trademark protection for hull models over the years has apparently produced a proliferation of unattributed and bad copies of expensive designs, and this legislation articulates clearer standards for the grant of a design patent. This industrial design problem is illustrated in the Supreme Court's 1989 decision in Bonito Boats, effectively denying intellectual property protection for a Florida boat designer because of the contrary Florida State law. Here, I agree with the subcommittee Chairman, Mr. Coble, in that it is important that we send a message that when it comes to theft of patents and trademarks, it is necessary for Congress to set a predictable and uniform Federal rule. The Patent and Trademark Office does not have a formal view on this bill; but, as a general policy, they prefer not to enumerate subgroups of patents. Nevertheless, they do not oppose this legislation.”