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“RECOGNIZING MARGARET A. FOCARINO AND JAMES D. SMITH” mentioning the U.S. Dept. of Commerce was published in the Senate section on pages S4641 on June 25, 2015.
The publication is reproduced in full below:
RECOGNIZING MARGARET A. FOCARINO AND JAMES D. SMITH
Mr. LEAHY. Mr. President, I wish to take a moment to recognize two distinguished public servants who are leaving their positions at the U.S. Patent and Trademark Office, or USPTO,--Margaret ``Peggy'' Focarino, Commissioner for Patents, and James D. Smith, Chief Administrative Patent Judge. Both have played critical roles in bringing the USPTO into the 21st century by working tirelessly to implement the Leahy-Smith America Invents Act, the most comprehensive update of U.S. patent law since the 1950s. The patent system is one of the cornerstones of our economy. It drives innovation, growth, and job creation. This country has been fortunate to have dedicated leaders such as Ms. Focarino and Mr. Smith in key positions at this crucial Agency.
Peggy Focarino became Commissioner for Patents in 2012, where she has been instrumental in developing and implementing administrative changes made by the Leahy-Smith act. Working collaboratively with all stakeholders in the patent community while implementing this law is a hallmark of her tenure as Commissioner for Patents. As someone who worked for nearly 6 years to pass comprehensive patent reform legislation, I can attest to the fact that it is not easy to bring all of these stakeholders together and build consensus. The provisions she worked to implement include the transition to first-inventor-to-file and the USPTO's fee-setting authority, but her work encompassed a number of other aspects of the Leahy-Smith act as well.
Ms. Focarino's impressive tenure as Commissioner for Patents likely did not come as a surprise to anyone who followed her rise within the USPTO. She started at the Agency in 1977 as a patent examiner. In 1997, she was promoted to the senior executive service. Throughout her almost 40 years at the USPTO, she distinguished herself as a leader within the Agency, receiving the Department of Commerce Silver Medal for Leadership in 2010. She also received American University's School of Public Affairs Roger W. Jones Award for Executive Leadership in 2010. While the USPTO will continue to do important work without her, there is little doubt that her leadership will be missed.
James Smith also played a key role in the implementation of the Leahy-Smith act. Mr. Smith became the Chief Administrative Patent Judge in 2011. During his tenure, Mr. Smith worked to implement the postgrant review proceedings the law established. Thanks to Mr. Smith's leadership at the Patent Trial and Appeal Board, these postgrant proceedings have been successful in providing low-cost alternatives to litigation for reviewing the patentability of issued patents. His strong and varied background in the private sector, including time spent working on intellectual property issues at large companies and law firms, served him well as he helped the USPTO implement these essential components of the Leahy-Smith act.
It is always difficult to see good public servants leave their roles. Ms. Focarino and Mr. Smith can look back proudly at their record of public service and point to meaningful accomplishments that have improved the U.S. patent system. I wish them both the best in their new endeavors.
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