USPTO's New Director, Squires, Discusses Plans for the Office - Key Points He's Shared So Far
John Squires has been officially confirmed by the U.S. Senate as the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO). This confirmation, made as part of an en bloc vote on 48 pending Trump nominees, marks a significant moment for the USPTO and the patent industry.
In his new role, Squires has pledged to operate the Patent Trial and Appeal Board (PTAB) as Congress articulated in the America Invents Act and not exceed the authority granted to discretionarily deny petitions for review. He has also expressed his view that there is a need to analyze trends in PTAB proceedings against the relevant issued patent marketplace data to better understand PTAB-related issues.
Acting Director Coke Morgan Stewart, who has been overseeing the PTAB, has taken measures that are patent owner-friendly and aimed at restoring quiet title to patents. Stewart has denied institution on many dozens of petitions under a new interim procedure for PTAB workload management, which has contributed to a drop in the institution rate for inter partes reviews (IPRs) from 68% to 43%.
Squires has emphasized his interest in using AI tools to improve patent quality and examination efficiency. He has also committed to reducing the current USPTO backlog of patent applications, a concern that has been voiced by many in the industry. One solution he proposed to address this issue is to work with the U.S. Trade Representative (USTR) "to identify and eliminate from the system cases, especially foreign-filed that are overburdening the system."
Squires has also shown a commitment to transparency at the PTAB, expressing the need for more transparency relating to the real parties in interest. He has agreed that eligibility law is in need of clarity and is leading to a lack of American competitiveness. Squires believes that patents should be "born strong," including with respect to erroneously rejecting claims that should be issued.
During his confirmation hearing in May, Squires emphasized his goal of making patents strong up front. He has no intentions to alter the PTAB's authority or restrict access to IPRs and prefers a balanced approach. His commitment to meeting with members of Congress and the USPTO to ensure that the PTAB fulfills Congress's intentions across all areas reflects a focus on aligning PTAB's practices with legislative objectives.
The confirmation of Squires was welcomed by the Inventors Defense Alliance (IDA) as a decisive moment for American innovation and economic growth. With Squires at the helm, the USPTO is poised to address the challenges facing the patent system and work towards a more efficient, transparent, and effective system for all stakeholders.
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