Lamar Smith: “This amendment strikes the prior- user rights provision from the bill. I strongly oppose this amendment. The bill…”

“This amendment strikes the prior- user rights provision from the bill. I strongly oppose this amendment. The bill expands prior-user rights--a strong, pro-job, pro- manufacturing provision. This provision will help bring manufacturing jobs back to this country. It allows factories to continue using manufacturing processes without fear of costly litigation. It is absolutely a key component of this bill. This provision has the strong support of American manufacturers and the support of all the major university associations and technology- transfer associations. These include the Association of American Universities, American Council on Education, Association of American Medical Colleges, Association of Public and Land Grant Universities, Association of University Technology Managers, and the Council on Government Relations representing the vast majority of American Universities. Prior-user rights ensure that the first inventor of a new process or product using manufacturing can continue to do so. This provision has been carefully crafted between stakeholders and the university community. The language provides an effective exclusion for most university patents, so this provision focuses on helping those in the private sector. The prior-use defense is not overly expansive and will protect American manufacturers from having to patent the hundreds or thousands of processes they already use in their plants.…”