An opportunity on the PTO fee bill?

Congress recently passed an omnibus appropriations bill that includes a watered-down version of the Patent and Trademark Fee Modernization Act (see this prior post).  Importantly, the PTO provisions in the appropriations bill include the significant fee increases, but do not include the controversial anti-fee diversion provisions.

The intellectual property community is quite disappointed in this result, as the Fee Modernization Act enjoyed wide support despite the significant fee increases.  It seems the promise of PTO reform and improvement, which the PTO claims would be achieved once fee diversion ends, is so attractive that the fee increases became secondary.

Normally, appropriations bills are difficult to amend considering their broad scope.  But a development this morning may have opened a window of opportunity.

The 3500-page appropriations bill also contains a controversial provision that apparently allows committee chairmen to review individual tax returns.  This morning, Congressional leaders made an agreement as to how to remove this provision.  According to this article, Congress will hold onto the appropriations bill until December 6, at which time a vote will be held to remove this provision.

So, the bill is on hold until December 6.  Does this create a narrow window of opportunity regarding the PTO fee provisions?  Anyone want to bet the IP lobbyists are busy over the Thanksgiving holiday?