On the verge of a patent reform bill — is there a better way to introduce the issues?

As we sit and await introduction of the patent reform bill, a recurring thought keeps walking through my mind — will the controversial reform provisions kill the rest?

Think about it.  The proposed change to the injunctive relief calculus has shaped up to be the most controversial of all the reform proposals.  Most other proposals enjoy fairly broad support (although there is some opposition to each and every proposal on the table).  If all proposals are packed into a single bill, it is possible that some groups will oppose the package as a whole simply because of the inclusion of the controversial provisions — specifically the injunctive relief provision.  This may even be the case despite the support of these groups for other, less controversial proposals.

Is there a better way to present the reform package?  Would it make sense to separate the quality improvement proposals from the controversial proposals — possibly introducing two separate bills?

This, of course, could ultimately happen even if a single package is introduced.  The best sausage, after all, is one that has been sliced and diced a few times.

Like I said, just a recurring thought…

[Copyright 2005 J. Matthew Buchanan. Originally published on Promote the Progress.]