the agency had adequate resources to carry out the mandates it already has. The provision in the legislation that evoked some of the strongest reactions among industry witnesses was expansion of criminal penalties for violating OSHA regulations. Although OSHA is currently authorized to invoke criminal sanctions in some cases involving willful violations of the law and serious injuries, the proposed law would increase the number of instances in which a person could be tried and would expand jail terms to up to 20 years. CMA's Toca said, "An expansion of these authorities will create a counterproductive and adversarial climate between the agency and the regulated community." CMA suggests that the entire focus of OSHA enforcement be changed so that employers, employees, and government can believe they are engaged in a common enterprise to reduce injuries and illness. CMA recommends a greater em-
phasis on education and on providing incentives for companies to create healthier workplaces. NAM contends that tougher criminal penalties would encourage confrontations rather than cooperation with industry. 'With the prospect of criminal sanctions, the candor of all communications would be diminished," Fagel said, "with the unintended effect of impeding voluntary, cooperative efforts." The recent hearings are only the first of several planned on the OSHA reform bills throughout the summer. Some of the same provisions that led to the defeat of previous reform efforts are still included in these bills, such as the mandatory safety committees and required standards setting. Although Congress has more than a year to pass OSHA reform measures, the strong industrial opposition is likely to keep the legislation from a final vote once again. David Hanson
Japanese patent office vexes U.S. companies A report from the General Accounting Office (GAO) describes a number of problems U.S. companies have in getting patents in Japan. Using survey results from U.S. high-technology firms, the report documents U.S. complaints about inadequate and ineffective patent protection in Japan and gives some anecdotal evidence of apparent discrimination against U.S. patent applications. The Japanese patent system is different from the U.S. system, and patents are used and perceived differently in Japan, where they are viewed much more narrowly and used more to advance the application of technology rather than to protect the rights of the inventor, GAO says. Two major differences that seem to cause U.S. companies headaches are the requirement that all patents be filed in Japanese and the possibility that patent applications can be opposed, or challenged, before they are granted. In the U.S., patents can be filed in any language as long as they are subsequently translated, and an opposition system doesn't exist. These differences cost U.S. companies a lot of money. GAO says its survey of U.S. companies showed that the average cost of filing a patent in the U.S. is $1390, but the same size application in Japan costs $4772. One reason for the difference is, of course, the cost of translating everything into Japanese, but another primary reason
is that patent attorneys in Japan charge fees that are higher than those in any of the other countries surveyed. Companies that had pregrant oppositions to their patents experienced great problems with the Japanese patent process. In Japan, patent applications are published soon after submission to allow oppositions to be made. A Japanese patent examiner reviews each opposition and decides whether it will cause the patent to be rejected or accepted. The process has no time limit and can take years. U.S. patent attorneys told GAO that Japanese firms will oppose patents in order to delay or prevent a patent from being issued and that the number of oppositions filed appears to be related to the importance of the technology in question. The result of many of these issues seems to be that Japanese companies are able to take advantage of the U.S. patent system while U.S. companies are de facto prevented from obtaining intellectual protection in Japan. GAO reports that some efforts to speed up the patent process in Japan are being made, but have not been very effective. International treaties to harmonize the different patent processes took effect in the 1980s and have brought some progress, but conferences on such a treaty with Japan have been postponed indefinitely. David Hanson
Federal alertnew legislation This C&EN listing highlights legislation introduced in Congress between May 20 and June 30. House and Senate bills are listed under subject area by bill number, primary sponsor, and committee(s) to which they were referred. • HOUSE Health. H.R. 2451—Kennedy (D.Mass.). Creates specialized medical unit to investigate possible health effects of environmental and chemical exposures of U.S. military personnel in Persian Gulf War. Armed Services; Energy & Commerce. Incineration. H.R. 2488—Richardson (D.-N.M.). Establishes strict new permitting standards for both municipal solid waste and hazardous waste incinerators, establishes goal for incinerators of reducing use of toxics by 50% within five years. Energy & Commerce. Liability. H.R. 2462—LaFalce (D.N.Y.). Limits liability of both fiduciaries and lending institutions under hazardous waste disposal and cleanup laws. Energy & Commerce; Public Works & Transportation. Water pollution. H.R. 2199—Studds (D.-Mass.). Imposes tax on toxic discharges, pesticide active ingredients, nitrogen and phosphorus content of fertilizers to pay for new water pollution control projects. Public Works & Transportation; Merchant Marine & Fisheries; Ways & Means. • SENATE Environment. S. 1008—Baucus (D.-Mont.). Establishes National Biological Survey that combines scientific research activities of eight Department of Interior bureaus. Environment & Public Works. S. 1074—Kerry (D.-Mass.). Promotes export of environmental technologies by, among other things, creating regional centers to provide hands-on technical assistance to small- and medium-sized companies. Banking, Housing & Urban Affairs. S. 1161—Baucus (D.-Mont.). Establishes program to ensure nondiscriminatory compliance with environmental, health, and safety laws and equal protection of public health. Environment & Public Works. Water pollution. S. 1114—Baucus (D.-Mont.). Imposes tighter limits on toxic water pollutants, establishes new program for controlling non-point-source pollution. Environment & Public Works. JULY 26,1993 C&EN 33
