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April 12, 2008


Sen. Patrick Leahy appears left holding a sack of shat - S. 1145, the Patent Putrefaction Act. Referring to the lobbyists who have bought him, Leahy lamented, "we have been working on these reforms for years." Leahy called the thwarted bill "a missed opportunity." The real missed opportunity is that such pathetic and corrupt legislation actually received sustained attention from lawmakers, when there is real work to be done in improving the patent system.

Sen. Majority Leader Harry Reid, D-Nv., "We are not going to do a patent bill now." Yet S. 1145 may possess a zombie quality - undead. Leahy certainly seems obsessed.

Several provisions in the bill are highly controversial, including damages apportionment, new applicant submission requirements, inequitable conduct, post-grant review, even international harmonization with first-to-file. Yet Leahy has been unwilling to craft passable legislation, because his paymasters are uncompromising. Leahy appears delusional, mumbling that "just a handful of words" stalled the bill.

An aide to the Senate Judiciary Committee, which Leahy chairs, conceded, "We don't like to close the door on anything. But it's unclear when it will come up in the future."

It would be a naive notion to think that the bill was the result of careful study. It was not. S. 1145 was practically written by corporate lobbyists seeking to rig the patent system to their advantage.

That's the way Congress operates - money talks. With rare exception, Congress is nothing more than a gaggle of paid shills for moneyed interests. The House, a low-rent version of the Senate, had no problem passing a badly deranged version already found unacceptable in the Senate.

Posted by Patent Hawk at April 12, 2008 1:08 PM | The Patent System


Hawk is this truly the end of this diabolic "reform" for the 08-09 time frame?

Thanks allot for your informative and timely updates regarding this important issue.

Posted by: Reggatta De Blanc at April 12, 2008 4:13 PM

Why is Leahy disappointed ???
He gets to stay in the CPF payroll for another couple of years as their "boy" in the Senate.
Soon Dudas'll be joining him on the payroll.

Posted by: anonymousAgent at April 13, 2008 2:13 AM

AnonAgent, Leahy is in competition with 99 other senators. He understands that if he doesn't deliver *something*, the CPF slime will just find another senator to buy. He's got to show them that their money buys at least some legislation; from his perspective, if he gives them everything they want, then their money dries up, b/c he'll be of no more use to them, so ideally there will still be more things remaining to be purchased later. But he's got to show at least some return on their $$.

Posted by: Buy A. Senator at April 13, 2008 10:34 PM