Election swing impact on patent reform - A Hatchet Job?

Posted by J. Matthew Buchanan

November 30, 2006

The mid-term election brought sweeping change to the United States Congress. Indeed, so much sweeping occured that the balance of power shifted in both the House and the Senate. While patent law and reform is typically viewed as a non-politicized topic, the shift in the balance of power will have some immediate practical effects.

The most significant of those effects seem to focus on Senator Hatch, who’s comprehensive reform bill sits idle in his Intellectual Property Subcommittee of the Judiciary Committee.

We know that he will no longer be Chairman of the Intellectual Property Subcommittee. Senator Leahy will take over, and its widely known that he sees patent “issues” sitting at the top of his agenda for the 110th Congress. He’s got a reform bill waiting in the wings that will likely be used to get the conversation going again - look for it to be introduced early in the 110th Congress. We’ll have to wait to see how Senator Leahy defines ‘patent reform.’

Rumor has it that Senator Hatch will be leaving the Subcommittee (hey, if you can’t be a Chairman….), perhaps even the Judiciary Commiittee altogether. This, of course, does not mean that he cannot be involved in intellectual property legislation. It certainly does mean, though, that his influence on such matters stands to change dramatically, despite the high-praise he continues to recieve from some.

Considering these effects of the election, and Senator Hatch’s drive to focus on intellectual property issues, it’s possible that the Senator might make a play to advance patent reform during the month of December. Pushing major policy change through at the last minute is certainly not unheard of, but, considering the controversial nature of the topic, such a strategy seems highly unlikely.

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