US Election Brings IP Uncertainty

With the Republican Party taking control of the United States House of Representatives in yesterday’s election, some changes are expected in intellectual property policymaking, according to observers.

The loss of several key congressional representatives known for their work on IP-related legislation has created uncertainty in the nation’s IP policy future, said the Intellectual Property Owners Association (IPO) in an early post-election analysis.

A key loss was Rick Boucher, a Democrat from Virginia, after 14 terms in office in which he had sponsored “countless IP bills” during his tenure, the IPO said. Most other members of the House Judiciary Committee with IP experience had been re-elected. The Judiciary Committee handles patents, copyrights and trademarks.

“The shift in party control added uncertainty to future prospects for patent reform legislation and other IP bills of interest to IPO members,” the group said, adding it “expects no action on significant IP bills during the “lame duck” session when members of Congress including those defeated for reelection return to Washington on November 15.” The IPO is “studying strategies for influencing IP legislation” beginning in January.

Meanwhile, Harold Wegner, an attorney at Foley & Lardner, circulated an analysis showing the “center of gravity” for patent legislation now moving toward the House as “patent-experienced Republicans on the Judiciary Committee will have a greater role for patents and a patent-experienced legislator will hold the reigns for Government Oversight which will be expected to scrutinize the operations of the Patent Office.”