Dear Marc ,

Thank you for sharing your opposition to the Patent Reform Act, H.R. 1908. I appreciate hearing from you and welcome the opportunity to respond to comments.

Like you, I believe that the American economy is built on a foundation of competition and innovation. Since the founding of this nation, inventors and intellectuals have been invaluable to our society. It is impossible to deny that those individuals and businesses that rely most heavily on patents and a functioning, equitable patent system permeate all industries and play a cornerstone role in our economy. In considering changes to existing patent laws, Congress must aim to honor the traditions of our country's pioneering spirit while concurrently seeking to adapt to the economic and technological conditions of the 21 st century, and promoting the innovation agenda.

H.R. 1908 reportedly sought to increase patent quality and expedite the patent approval process while providing more resources to the U.S. Patent and Trademark Office (PTO). Unfortunately, I did not believe that H.R. 1908 went far enough to protect the interests of significant San Diego industries. Before, during, and after the bill was passed by the House, numerous questions remained unanswered by many of my colleagues on relevant committees. There remain serious concerns about the voracity of this bill's effectiveness and it was not clear to me that this piece of legislation was prepared for passage. I believe that patent reform deserves far more serious discussion so that the competing interests of two very distinct industry categories - those that rely on very few patents for a product and those that rely on a multitude of patents for a product - can be properly reconciled under the PTO's single system of adjudication.

In its current form, one of the primary industries that would be seriously harmed by H.R. 1908 is Biotechnology. In San Diego , the Life Science, Biomedical Research, and University Research communities are a significant, irreplaceable part of our economy. The San Diego Regional Chamber of Commerce estimated in 2005 that the Life Science industry employed more than 38,900 people and generated a surplus of $8.9 billion for the local economy. It is known that those numbers have and will only continue to grow. Additionally, some major San Diego technology firms opposed H.R. 1908 despite the leanings of the remainder of their industry.

Adding to my concerns about H.R. 1908's completeness, it was with these local interests in mind that I voted against the measure. Currently, this bill is being considered in the Senate as S. 1145. I have strong hope that when the Senate passes its version of the bill, very important changes will be considered in conference. Beyond that, I hope that future attempts at patent reform receive far more measured and unhurried debate. Rest assured that as this issue arises in Congress, I will keep your thoughts in mind when working with my colleagues toward the best possible solutions.

Thank you again for contacting me about this important issue. As your representative, I both need and value your input. If you are interested in receiving monthly updates about what is happening in Congress, please sign up for my E-Newsletter on my website at www.house.gov/susandavis.