It will be interesting to see what the TechKnowledgy Landscape will look like in the coming months. With Democrats controlling the House and Senate, the mood in the technology community appears upbeat. MediaNews reports that Nancy Peolsi has committed to giving more attention to tech-sector issues, from renewing the research and development tax credit, to more direct investment in scientific research. With the Dems in power there is also a hope for more H-1B visas for tech workers, and Internet companies are expecting support on their push for network neutrality initiatives. 

Meanwhile, it seems as though the technology lobbyists are not so sure.  CNet reports that they are frantically pressing the republicans for last minute legislation to cover these very topics before the democrats take over.

The United States  Supreme Court is set to review three patent cases this term, while it usually averages about one per year, suggesting that patent reform is definitely on the court's mind.  And if it were not, it is certainly on the minds of many in industry and in the legislature.   Consider:

In the 11 years from 1990 to 2001, the Supreme Court granted cert. eight times on cases from the Federal Circuit, and affirmed four of those.  Since then, however, the court granted cert nine times, heard seven cases, and did not affirm any of them.   See, Critics Target Federal Circuit. 

The Patent Office has a 600,000 plus patent backlog, with an "official" average pendancy of about 44 months for software related patents.  One of the most widely criticized aspects of the present system is the seemingly low standard of "obviousness" that has evolved, resulting in a sense that essentially anything that has not been done before can be patented (or maybe even if it has been done before, such as the recent Smucker patent on a crustless peanut butter and jelly sandwich - Hey, my grandma invented that long before Al Gore invented the Internet!)  See also, Michael Chrichton's article This Essay Breaks the Law. , or Henry C. Su on The Future of Obviousness.

On the legislative front, sweeping changes have been proposed that would fundamentally alter the way that patents are awarded and challenged in the U.S. including the Patent Reform Act of 2006.   That act, if enacted, would shift to a "first to file" method of determining priority, and would establish a post-grant opposition system (which is endorsed by the Patent Office), that would allow administrative challenges to patents within the Patent Office.  The Act is supported by most technology oriented companies, including those that formed the Coalition for Patent Fairness, such as the Business Software Alliance, the Information Technology Industry Council, Apple Computer, Dell, Intel, Time Warner and Microsoft.   Prospects for the act appear mixed.   Pro.  Con.  

All the while, Google plows ahead pushing the boundaries of copyright law at every turn, with what might be described as a "copy-fire-aim-litigate" approach.   Recent reports are that Google has reserved more than $200 million to cover losses or legal bills relating to the frequent copyright violations on YouTube's video-sharing site.    

Indeed, the TechKnowledgy and intellectual property landscape may look very different, very soon.