USPTO New Director Squires' Agenda Summarized: Key Points Discussed Regarding His Office Strategy
John Squires, a former military officer, has been officially confirmed by the U.S. Senate to be the next Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO). The confirmation was part of an en bloc vote on 48 pending Trump nominees, with a vote of 51-47.
Squires has expressed a commitment to operating the Patent Trial and Appeal Board (PTAB) as Congress articulated in the America Invents Act. If confirmed, he looks forward to working with stakeholders, the USPTO, and Congress to ensure that the PTAB fulfills Congressional intent in all aspects.
During his confirmation hearing in May, Squires emphasized his goal of making patents strong up front. He also agreed with Senator Thom Tillis (R-NC) that eligibility law is in need of clarity. Squires will prioritize reducing the current USPTO backlog of patent applications, and one solution he proposed is to work with the U.S. Trade Representative (USTR) to identify and eliminate foreign-filed cases overburdening the system.
Squires has shown a keen interest in using AI tools to improve patent quality and examination efficiency. He also expressed the need for more transparency at the PTAB regarding the real parties in interest. In response to a question from Senator Adam Schiff (D-CA), Squires clarified that he does not believe approximately 68 out of 100 U.S. patents that are currently in force are defective.
Regarding the PTAB, Squires prefers a balanced approach. He has no intentions to alter the PTAB's authority or restrict access to Inter Partes Reviews (IPRs). However, he expressed a need to analyze trends in PTAB proceedings against the relevant issued patent marketplace data to better understand why IPRs have the types of numbers reported while Post-Grant Reviews (PGRs) seem less preferred.
Squires will investigate "patent thickets" with respect to the impact of pharmaceutical patents on drug pricing. He has also expressed concern about the drop in the rate of IPR institution, which has dropped from 68% to 43% since the publication of a new rule, presumably referring to Acting Director Coke Morgan Stewart's new interim procedure for PTAB workload Management. Squires testified that the drop seems "skewed" and expressed a desire to explore avenues of redress if confirmed.
The confirmation of Squires was praised by Kristen Osenga, Chief Policy Counsel at the Inventors Defense Alliance, as coming at a decisive moment for American innovation and economic growth. Acting Director Coke Morgan Stewart has taken measures that many feel are patent owner-friendly and aimed at restoring quiet title to patents. Squires has expressed a need for more transparency at the PTAB regarding the real parties in interest.
In conclusion, John Squires brings a unique blend of military and intellectual property experience to the USPTO. His commitment to reducing the backlog, improving patent quality, and maintaining a balanced approach to the PTAB is welcome news for stakeholders in the patent community. His confirmation is a significant step forward in ensuring the continued strength and growth of the American patent system.
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