By Kevin E. Noonan --
The patent community got its biggest scare in quite a while late last year, when a rules package thought to be dead for almost a year was released on August 21, 2007 (see "New Continuation and Claims Rules Published"). And even then, initially the only member of our community that stepped forward to challenge the rules was sole inventor Dr. Triantafyllos Tafas, who was eventually joined by GlaxoSmithKline (see "Inventor Sues PTO to Prevent New Continuation Rules from Taking Effect" and "Hooray! - (Finally) the Big Dogs Have Joined the Hunt"). Only an 11th-hour decision on the eve of the new rules being implemented by Judge Cacheris of the Eastern District of Virginia prevented those rules from coming into force, with all of the negative consequences they would have had (and, in truth, might still have).
The patent community is approaching another critical deadline regarding how the U.S. patent system goes forward. The Intellectual Property Owners Association (IPO) and other sources report that Senator Patrick Leahy (D-VT) (at right), chairman of the Judiciary committee, and Senator Harry Reid (D-NV) (at left), Senate Majority leader, intend to bring the Senate's patent "reform" bill (S. 1145) to a vote in the eight weeks after the Senate reconvenes from its spring recess. At present, Senator Leahy is working on several amendments, and intense lobbying continues: the oxymoronic Coalition for Patent Fairness has 
written the Senator to propose statutory requirements for damages apportionment (seemingly unwilling to give judges the leeway to fashion equitable remedies under the current proposals), former commissioner Harry Manbeck has written to Senator Leahy and Senator Specter (R-PA, the ranking committee Republican) on the inequitable conduct provisions, and other stakeholders are similarly exercising their right to petition their government for a bill that favors their interests.
There is much not to like about S. 1145; however, no matter what your views, now is the time to let your Senator know. The bill won't come to a vote unless there are 60 votes to close debate, and several Senators have exercised their prerogative to place a "hold" on the bill. Senator Leahy has said he will not pursue patent reform next year if this bill does not pass (and with a new administration, his committee may be busy addressing a backlog of judicial appointments).
So, the time is now. Let your Senators know how you feel. And remind them, if you can, that they are up for re-election this year. Since 33 of them will be "at risk" in this way, maybe there is a chance they will listen.
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