STEVE BRACHMANN, IP Watchdog; Contentious House USPTO Oversight Hearing Centers on PTAB Reforms, Trump’s Political Influence
"Today, the U.S. House of Representatives Judiciary Committee’s Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet conducted its first oversight hearing of the U.S. Patent and Trademark Office (USPTO) during the second Trump Administration. The harshest lines of questioning for USPTO Director John Squires during the hearing were reserved for the agency’s notice of proposed rulemaking(NPRM) to reform rules of practice at the Patent Trial and Appeal Board (PTAB) as well as President Trump’s political influence at the agency. During the hearing, Squires also confirmed that the agency’s Patent Public Advisory Committee (PPAC) would soon be revived, following an offer to join PPAC extended last night to an undisclosed independent inventor...
The full House Judiciary Committee’s Ranking Member, Jamie Raskin (D-MD), also hammered Director Squires on President Trump’s influence, raising questions throughout the hearing about the USPTO’s role in filing two trademark applications for “Board of Peace” on behalf of President Trump...
Rep. Zoe Lofgren’s (D-CA) concerns over Squires’ PTAB reforms involved not just the centralization of decision-making authority over IPR proceedings but the lack of explanation for decisions to not institute or de-institute stemming from what Lofgren called “barebones summary denials.” Squires responded that PTAB judges work from a record of more than 600 written decisions, and that controversial reforms like settled expectations have cut both ways in favor of patent owners and challengers. However, Lofgren commented that the 64% of IPRs discretionarily denied under Director Squires was due to the adoption of discretionary considerations and a centralized Director review process acting as barriers that Congress never envisioned."
