Congress Prepares to Tackle Contentious Patent Reform Issues Once More.As Congress begins to finalize key committee assignments and focus on legislative agendas for 2011, patent reform once again finds itself on the “to-do” list. While previous efforts to pass a comprehensive reform bill (S.515 being the most recent incarnation) have been hampered by powerful lobby groups, some genuine optimism seems to exist on the prospect of reform this year. However, the buzz around DC (e.g., last week’s DC Bar program) is that S.515 will be at least slimmed down, if not broken out into separate bills.One of the more interesting proposals rumored to be under considerationis the creation of a post grant opposition proceeding specifically designed for “business method patents.” (Article 27 of TRIPS be damned?). Other proposals discuss dropping the damages and/or inequitable conduct initiatives altogether as best handled by the CAFC (i.e., Uniloc & Therasense).While staffers have discussed a February timetable for proposals, some bills appear to be targeted for next week (January 24th). Ever the cynic, I am left wondering whether the momentum behind splitting up S.515 into components will result in a Congressional land grab of sorts? Here too, it may be that the “first to file” gets all the glo
As Congress begins to finalize key committee assignments and focus on legislative agendas for 2011, patent reform once again finds itself on the “to-do” list. While previous efforts to pass a comprehensive reform bill (S.515 being the most recent incarnation) have been hampered by powerful lobby groups, some genuine optimism seems to exist on the prospect of reform this year. However, the buzz around DC (e.g., last week’s DC Bar program) is that S.515 will be at least slimmed down, if not broken out into separate bills.
One of the more interesting proposals rumored to be under consideration
is the creation of a post grant opposition proceeding specifically designed for “business method patents.” (Article 27 of TRIPS be damned?). Other proposals discuss dropping the damages and/or inequitable conduct initiatives altogether as best handled by the CAFC (i.e., Uniloc & Therasense).
While staffers have discussed a February timetable for proposals, some bills appear to be targeted for next week (January 24th). Ever the cynic, I am left wondering whether the momentum behind splitting up S.515 into components will result in a Congressional land grab of sorts? Here too, it may be that the “first to file” gets all the glory.