Comments from Wilmot McCutchen

NAME:               WILMOT MCCUTCHEN
COMPANY:            HOUSTON INVENTORS ASSOCIATION

ADDR-1:             SUITE 105
                    2916 WEST T. C. JESTER BOULEVARD
CITY, STATE ZIP:    HOUSTON, TX  77018-7051
TELEPHONE:          (713)686-7676
FAX:                (713)957-4344
REPRESENT:          COMPANY


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 015-0001.TXT

    We zre in favor of the pendin,~ legislation to amend so ~ to
provido for a p tent telm of 20 years from hling or 17 years from
issue, whichever ~reatcr.

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 015-0002.TXT

    Delays in fundamental patents can run much longer than S years,
ic maximtlm ~ctension under  1.701(b). Uthere dze telay is not ie
fault of the applicant, why should thuro bo this maximum pplied? Tho
effectivc patent teml of su~ fundamental pateak (especially with ~e
challenges to be expBctod to arise from the 18-montb publication
schemo) will be much shorter than the minimum 20 years under GA1z.

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 015-0003.TXT

Tho concern mnffi submarine patents cul be addressed by using
publication penalty for dilatory prosecution, svhich is io sort of
apecid circumstance under 35 USC 122 that tho Commissioner cun make
rules to address. However, as svc have oxplained in moro tetail in
our comment5 about tho 1 8-month publication rulc, wo do not beliove
iat ffie Commissioner can repeal this statute by A ruJo that a11
applications must be publisheD.

Last Modified: March 1995