Chief Judge Michel, in his keynote speech for the recently-held Sughrue Symposium, issued a clear call to arms for patent system stakeholders. Here’s a paraphrasing from my notes on Judge Michel’s talk:

“Your country, the Patent and Trademark Office, Congress and the court need you. I can’t even put into words the crossroads we are at now. It’s an unstable time. A time of great risk….and of great opportunity to make things better.”

“Where do you come in? The patent system – which is like twenty systems – needs a net improvement. I suggest that everyone in this room make their perspective heard. Participate in the debate. Send emails, letters, etc. Add your two cents worth because it’s big.”

Judge Michel then did his part by explaining his beliefs on a few current issues. He addressed the current damages provision of the Patent Reform Act of 2009 first:

“If values of portfolios plummet, it’s a step backward. The ’specific contribution’ language is unclear and not familiar, which will lead to uncertainty. There’s also a chance that it may risk adding an aspect of validity to the damages portion of the trial.”

Judge Michel also touched on problems at the Patent and Trademark Office:

“At the Patent Office, carefulness is the problem. Lots of applications that should be granted aren’t. Delay is also a serious problem.”

Here, here’s all around.   Are you answering the call?