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The Chinese government is accelerating investment in science and technology. The latest move should be a wake-up call for lawmakers.
The Chinese government just announced a staggering $52 billion investment in research and development for 2024. This is a 10% increase over the previous year. In a clear sign of priorities, science and technology funding had the highest growth rate among the major areas of Chinese government spending, outpacing foreign affairs, education, and even the military.
As Chinese President Xi Jinping once declared, “We must consider science and technology as a major productive force.” He is now fulfilling that promise. A 2023 study funded by the US State Department found that China has risen to the top of global leaderboards in key areas such as artificial intelligence, quantum computing, robotics and biotechnology. And China has acquired more than twice as many patents as the United States, making it the world’s top patent holder.
China understands that its economic and geopolitical future depends on winning the 21st century innovation race.
But despite America’s declining competitiveness, U.S. Congressional leaders seem satisfied with past breakthroughs.
Consider the findings of the newly released C4IP Congressional Innovation Scorecard. This scorecard ranks all members of Congress based on their voting record, support for legislation, and public advocacy efforts related to America’s innovation progress. The results highlight the reality of apathy, complacency and neglect. Almost 70 percent of members of Congress received a “C” or “C-” rating, indicating “only a passing interest” in policies that strengthen U.S. intellectual property (IP) protections. . , these are important for cutting-edge innovation.
This is simply an abdication of responsibility.
Contrary to stereotypes, IP work is not just for scientists in the lab. Intellectual property-intensive industries account for more than 40 percent of the U.S. economy, support 63 million jobs, and account for 90 percent of the S&P 500’s value. These industries span all sectors and skill levels, from manufacturing to construction to retail. The average worker in intellectual property-intensive industries earns 60% more than in other industries, and half of the jobs are held by college-educated workers. If we allow our intellectual property system to decline, the good livelihoods of millions are at risk.
Congressional indifference also threatens America’s leadership in technologies that will define the coming decades, from artificial intelligence to biotechnology to quantum computing. Most of our lawmakers are asleep at the wheel as China seeks to dominate in these critical areas.
Sure, there are some lone champions fighting to keep America in the game. Sen. Chris Coons (D-Delaware), Sen. Thom Tillis (R.N.C.), and Sen. Maisie Hirono (D-Hawaii) have consistently advocated for stronger intellectual property protection. In the House of Representatives, Rep. Ben Klain (R-Va.) received the highest rating on the Innovation Scorecard, followed closely by several others, including Rep. Deborah Ross (North Carolina). But these members remain an outlier in a Congress that often treats innovation as a given, rather than the product of a carefully crafted policy environment.
As a result of this inaction, the U.S. patent system, which powered generations of American ingenuity, is now plagued by uncertainty and dysfunction. Court decisions have created confusion about what is and isn’t eligible for patents, and Congress has not moved to clarify patent laws that were enacted generations ago. Copyright and trademark infringement is rampant online. Additionally, outdated policies fail to protect trade secrets and sensitive data that are critical in the age of digital espionage.
The solutions to these problems are not a mystery. Bipartisan proposals like his PREVAIL Act and the Patent Eligibility Restoration Act, co-sponsored by Mr. Coons and Mr. Tillis, would go a long way toward restoring consistency and predictability to the patent system. Modern copyright and data protection enables intellectual property owners to fight theft and fraud. These remedies require a Congress willing to put intellectual property at the top of its agenda, where it belongs.
America’s intellectual property system was once the envy of the world, a treasure that turned entrepreneurial talent into shared prosperity. Other countries then started copying our system and creating their own success stories. Now, the indifference of our lawmakers is allowing our system to erode and decline, just as rising rivals like China threaten to overtake us.
Almost every lawmaker would probably declare themselves to be “pro-innovation,” but you can’t be pro-innovation if you’re not pro-intellectual property. For countless American businesses and workers, it’s time for Congress to wake up, step up, and defend strong intellectual property rights.
David Kappos served as Under Secretary of Commerce for Intellectual Property and Commissioner of the United States Patent and Trademark Office from 2009 to 2013. Andrei Iancu served as Under Secretary of Commerce for Intellectual Property and Commissioner of the United States Patent and Trademark Office from 2018 until 2021, both of whom serve as co-chairs of the Council for the Advancement of Innovation.
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