Patent law for the 21st century

Congress is expected to take a hard look at the nation's patent laws this year in what could result in the biggest change in generations. The outcome of what is a very contentious debate could reshape the business world and perhaps more importantly, impact technology in new and different ways. The House passed the Patent Reform Act in 2007, with the Senate expected to pass its own version in a matter of months. A key element in the debate centers on whether to limit damage awards in patent infringement lawsuits--a provision sought by a host of the giant technology companies, including Microsoft, Apple, Intel and IBM. Curbing monetary judgments would prevent huge awards like the $1.52 billion that Lucent won against Gateway and Microsoft, although that verdict was recently overturned.

But big tech will have plenty of opponents, including a small group of high-profile inventors, such as Segway designer Dean Kaman, not to mention venture capitalists and a number of business interests including the pharmaceutical industry. The real question for lawmakers this year is how to rewrite the patent laws to best protect innovation while limiting needless litigation and abuse of the patent system. Stay tuned: the fight has been engaged, and there will be heated arguments about who is right, who is wrong and how technology advancements should be protected at a time of rapid change in the industry.

For more on the patent debate:
- See this New York Times article