Sources in Washington DC told Managing IP that Whealan announced his resignation last week at a meeting of the Giles Sutherland Rich American Inn of Court, a professional organization for judges and lawyers.

John Whealan

He will take up the position of Associate Dean at the George Washington University Law School , where he will manage the School’s IP programme.

Whealan had been on leave from the USPTO for the past year, while assisting Senator Patrick Leahy with patent reform bill S1145 , which has yet to make it to the Senate floor.

Some Washington watchers speculate that his resignation may be an indication that the legislation will now be abandoned.

Hal Wegner, a partner of Foley & Lardner, said in a syndicated email: “The fact that Whealan is leaving his Senate position, now , is a strong indicator that the legislation may be considered dead by its principal advocate. Otherwise, it is inconceivable that someone in such a sensitive and important position would leave with the task incomplete.”

The pending reform legislation promises to address issues such as first-to-file, the level of damages, litigation venue, PTO funding, post-grant opposition and inequitable conduct. It arose partly due to concerns in high-tech industries about alleged abuse of the patent and court system by patent trolls and speculators.

The House of Representatives passed legislation last year, despite opposition from many patent owners.

Since then, debate and discussion has focused on the Senate, which has been considering a parallel bill.

Despite many hearings, proponents and opponents of reform have so far been unable to agree on reforms, with the question of changing the rules on damages in litigation being probably the biggest stumbling block.

Recent announcements from both sides of the debate suggest that it is increasingly unlikely that a deal will be agreed in time to be passed this year.

In a statement issued on April 11, the Coalition for Patent Fairness (CPF), which represents high-tech companies and has backed the Congressional proposals, reaffirmed the importance of reforming damages.

“We are disappointed that critics of the bill refuse to budge an inch when the bill's sponsors and supporters have made a tremendous number of compromises to address their concerns,” said Mark Isakowitz, CPF coordinator. He added: “We will continue to work with the bill’s sponsors to bring the bill forward for a floor vote.”

On April 10, the Coalition for 21 ^st Century Patent Reform, which represents a range of companies and opposes several aspects of the legislation, said in a statement that common ground had not yet been achieved.

“Our hope is that a consensus bill can yet be forged that all Senators and stakeholders can support,” said Gary Griswold, Coalition chair and president and chief IP counsel with 3M Innovative Properties Company. He added that the Coalition pledged to “continue to work toward meaningful reforms”.