September 25, 2007

Dear Mark:

Thank you for contacting me regarding the Patent Reform Act of 2007, H.R. 1908. I appreciate hearing from you.

I agree that it is important to keep the rights innovators, as well as consumers, in mind as we work to address concerns from copyright holders about the unfair use of their intellectual property. It is my privilege to represent a region renowned for its cutting edge technology in Congress. Please be assured that I will continue to support innovation in this new era.

As you may know, H.R. 1908, passed the House of Representatives by a vote of 220 to 175 this September. It now awaits review in the Senate. If passed, the provisions under H.R. 1908 would modify conditions under which a patent may be obtained for an invention or discovery, including by defining "inventor" to include a joint inventor and coinventor, making the effective filing date of a claimed invention the filing date of the patent or the patent application and by revising procedures for patent interference disputes. When given the opportunity to consider this legislation again on the floor of the House, I will be sure to keep your thoughts in mind.

You may also know that, the Department of Justice has released a draft proposal for reform of existing intellectual property protections under US law. The proposed Intellectual Property Protection Act of 2007 would have expanded criminalization of copyright infringement to include those that attempt to commit a crime, rather than just prosecuting those who actually complete the crime. The law would also permit wiretaps to locate and convict those who are "attempting" to commit copyright infringement. While this draft was not adopted by the house in it's entirety, H.R. 1908 would also modify provisions relating to damages for patent infringement to allow for increased damages for willful patent infringement.

As new technologies are developed, we must work diligently to strike a balance between preserving fair use principles for consumers and protecting intellectual property. Unfortunately, I am not a Member of the House Committee on the Judiciary, which has jurisdiction over this matter. However, as a Member of the House Subcommittee on Telecommunications and the Internet, I will continue to look for ways to protect innovation in reviewing legislation that pertains to digital technology during the current 110th Congress.

Please continue to contact me about the issues that concern you, as I both need and welcome your thoughts and ideas. As a service to my constituents, I maintain a website which contains valuable resources and information on Congressional activities. Please feel free to visit the website at http://www.house.gov/inslee for information on recent issues and to learn more about the services my office provides. If you have not done so already, please visit http://www.house.gov/inslee/signup.htm to subscribe to my e-mail updates.

I encourage you to contact me via email, telephone, or fax, because security measures are causing House offices to experience delays in receiving postal mail. My email address is: Jay.Inslee@mail.house.gov. Please be sure to include your full name and address, including your zip code, in your message.

Very truly yours,

JAY INSLEE
Member of Congress

----------

My follow up will ask him, just why he voted 'aye' ?