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« In re Gleave (Fed. Cir. 2009) | Main | Third Follow-on Biologics Bill Introduced in 111th Congress »

March 31, 2009



The concerns raised by Senator Kyl are significant. For example, how Congress can believe that the PTO is capable of handling post-grant review when they can't even keep up with pre-grant review strikes me as an "Alice in Wonderland" mindset. That doesn't bode well for this package being put together with any sort of rationality or cohesiveness. But that's unfortunately par for the course with Congress.


Also, Mark Twain was right, Congress is the "insane asylum for the helpless." Just when you thought Congress couldn't do anything dumber, it surprises you with a new level of rhetorical nonsense: "an interesting question." What in the world is that supposed to mean?

Dear EG:

The current economic crisis has certainly focused everyone on the importance of not harming the benefits of the patent system; that's one reason (utter failure on the part of Leahy and the IT crowd the last time, and more attention from interested stakeholders this time are others) why the Leahy bill was initially less ambitious in its "reforms." But the proof of what's at stake will be in the pudding of these amendments, so we will just have to wait and see.

Thanks for the comment.

Sen. Kyl' attitude and his proposed exception (sect 13 of his version of the bill)is a clear and crass example of who gets bought in Congress?

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