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August 1, 2005
Another Dodo?
The Patent Reform Act of 2005 may die a quiet death. Here's a well-written news update by Shawn Bullard of The Professional Inventors Alliance USA, published in the U.S. Newswire (reprinted with permission).
WASHINGTON, Aug. 1 /U.S. Newswire/ -- An intellectual property rights bill
that was expected by many earlier this year to easily glide through Congress has
stalled. Since the Patent Reform Act (HR 2795) has failed to meet expectations,
a handful of the bill's early supporters are suggesting the bill die in
committee.
Authored by Rep. Lamar Smith (R-Texas), the chairman of the House Judiciary
Subcommittee on Intellectual Property, the bill has had the opposite effect than
members of Congress had originally intended. When the bill was introduced on
June 8 it was heralded by Rep. Smith as a silver bullet, designed to enhance the
nation's patent system. Opponents of the controversial bill argued the bill
would dull America's intellectual edge, disadvantage the nation's small
businesses, cost Americans jobs and stifle individual ingenuity.
"Behind closed doors, businesses, small and large are fighting tooth and nail to
either gut or kill this controversial bill," said Ron Riley, president of the
Professional Inventors Alliance. "Many industries directly or indirectly
affected by patents, such as high-tech, pharmaceuticals, bio-tech and
independent inventors would rather see the legislation die on the vine or
heavily gutted."
In an effort to keep the controversial bill moving as scheduled in Congress,
Sen. Orin Hatch (R-Utah) held an odd and impromptu one-man Judiciary Committee
Hearing on July 26. Following the weak showing of interest for the bill in the
Senate, rumors circulated on Capitol Hill that Rep. Smith planned to hold a
quick mark-up of the bill on Friday July 29, just hours before Congress' annual
August Recess vacation, but he failed to muster support.
"In an attempt to save the highly controversial and heavily crippled bill,
instead of a mark up, the House subcommittee is back-tracking. It is reported to
be planning a hearing around the first part of September," said Riley.
"Committee's often abruptly cancel congressional mark ups, such as in this case
and instead schedule hearings in an attempt to regain support for a bill."
--
The Professional Inventors Alliance USA is a political action organization representing inventors' perspective towards patents. Contact President Ron Riley at rjr @piausa.org (phone: 202.318.1595), or Shawn Bullard at sbullard2 @verizon.net (phone: 703.532.2224).
--
The ultimate problem with HR 2795 is likely it having been overambitious, as well as controversial. Certainly patenting is not well understood by legislators, and in facing a potential blame game on a system steeped in tradition, and vital to the nation's economic well-being, better, from a politician's viewpoint, to do nothing than something, at least until some smoke clears. Most significantly, the industries most vested in patents: pharmaceuticals & software, had divergent interests.
Inventors have a small voice, and their interests all too easily ignored on the Hill. Vehicles like The Professional Inventors Alliance USA offer a good mechanism to raise the volume.
Posted by Patent Hawk at August 1, 2005 4:58 PM | The Patent System