Patent Reform Passes US House 225 - 175, Senate May Follow

What just last year generated legislative deadlock for a deeply divided Congress, has this year sailed through the House of Representatives after just a few hours of modest debate: H.R. 1908, the Patent Reform Act of 2007, has passed the House with at least some measure of bipartisan support.

The Senate will be debating essentially identical language in S. 1145, which was reported favorably to the floor there last July. There, Sen. Patrick Leahy (D - Vt.) will be leading the charge. Republican Orrin Hatch (Utah) has already signed on as a co-sponsor.

If the bill passes the Senate with as few substantive changes as were made in the House, then it may yet face opposition in committee. Yesterday, the President's Office of Management and Budget signaled its opposition to key provisions of the bill, including limits placed on damages in infringement suits and changes to the post-patent review process for aggrieved parties.

But the OMB refrained from invoking the word "veto," saying instead, "The Administration will work with Congress to address these concerns as the legislative process continues."

Almost immediately, the bill's supporting interest groups sounded their trumpets. "The legislation passed with bipartisan support, demonstrating the universal interest in creating an efficient and fair patent system," reads a statement from the office of Software and Information Industry Association SVP Mark Bohannon. "The breadth of support for H.R. 1908, ranging from technology companies to those in financial services, as well as agriculture, consumers, and universities, sends a strong signal to the Senate that affirmative, quick action is needed."

Bohannon did not mention pharmaceutical companies.

The Coalition for Patent Fairness trade group, which includes notables such as Intel, Microsoft, Apple, Dell, Micron Technology, and Palm, also pointed to its desire for the Senate to follow suit. "There is now undeniable momentum," stated Coalition counsel Jonathan Yarowsky, "and this will continue in the Senate with the same bipartisan and balanced approach undertaken in the house."

But one of the trade groups who first sparked renewed interest in the subject, the Coalition for 21st Century Patent Reform, had yet to issue a statement after having sounded a sad note of both disappointment and helplessness on Wednesday.

"We would welcome the opportunity to be able to continue working with members of the House to construct a bill which will promote investment and research while also strengthening the patent system, read that group's statement, which sounded more like a farewell. "We hope the House would not consider the legislation before there is a chance to create a more fair and balanced bill."