Statement of Administration Policy: H.R. 4899 - Patent Equity Act

(House)
(Kastenmeier (D) Wisconsin and 9 others)

The Administration opposes enactment of H.R. 4899, because of a provision in Title 1 which would allow the continued infringement of a process patent for six months after notice of the infringement has been received. While the Administration supports increased Federal protection for process patents, this objectionable compulsory licensing feature would weaken the measure and be inconsistent with the philosophy behind U.S. patent law and with international negotiations.

Additionally, the Administration objects to the deletion from the bill of the "presumption" provision, which would shift to the alleged infringer the burden of proving that the patented process was not used in making the challenged import.