Patent Policy in the Trump Administration: What’s Next for the USPTO? | IPWatchdog Unleashed

This week on IPWatchdog Unleashed I speak with Dana Colarulli, who is a partner at ACG Advocacy—one of the premiere intellectual property lobby firms in Washington, DC. Dana also currently serves as Executive Director of the Licensing Executive Society International (LESI), and he is formerly head of legislative affairs at the United States Patent and Trademark Office (USPTO).

During our conversation, we delve into the intricate world of patent policy and politics, discussing laws, the dynamic environment at the USPTO. Dana shares his extensive experience and insights on high-growth technology businesses. We address critical topics such as the recent shake-ups at the USPTO, the controversial “patent tax” proposal, how despite the fact that the USPTO is user-fee funded it is being swept up in broader Trump Administration efforts to downsize the federal government, what the word “innovation” really means, how businesses use intellectual property assets, the importance of predictable IP assets, the challenges of effective patent valuation, international collaboration and education to support small and medium size enterprises (SMEs), and much more.

Join us for an in-depth look at the current state and future of patents, innovation, and what is happening inside the beltway.

The Current State of the IP Landscape

The conversation kicks off with Dana providing an overview of the current volatile landscape, specifically the changes unfolding at the USPTO.  “I think tumultuous is a good word,” Dana remarks, acknowledging the shifting dynamics within the Patent Office and the larger IP policy framework. From personnel changes to legislative developments, Dana paints a picture of an ecosystem in flux, one that is both challenging and exciting for professionals in the field.

The Role of Government in Innovation

One of the critical themes throughout the discussion is the role of government in facilitating innovation. Dana underscores the delicate balance between government oversight and private sector ingenuity. “The government has a role, but if the private sector is managing rights, we want to allow them to do so,” he explains. Dana highlights the importance of government-funded research and the pivotal role patents play in sustaining a competitive and innovative economy. We both express concerns about Trump Administration plans to upset the delicate and successful balance created by the Bayh-Dole Act, and what the impact would be for innovation.

Challenges and Proposals: Patent Taxes and Beyond

A significant portion of discussion centers around the controversial idea of a “patent tax,” a leaked and not well-defined proposal that would in one way or another increase fees for patents based on the value of the patent asset. We come back to this several times throughout our conversation, an indication of how concerning the proposal is and the damage its implementation would do to the industry and patent owners. Dana and I both express concerns about the feasibility and potential negative impacts of such a tax, and I describe it as “catastrophically stupid” and “wrongheaded.” Our discussion raises broader questions about how to sustainably extract revenue from the IP system without stifling innovation.

Looking Ahead: The Future of the Patent Office and Innovation

Dana and I wrap up by contemplating the future directions for the USPTO, now under the leadership of Director John Squires. We discuss the importance of maintaining a strong operational backbone, motivating staff, and promoting a culture of quality and responsiveness. Dana remains optimistic about the patent system’s potential, emphasizing the need for continued focus on creating certainty and predictability in IP assets to drive innovation forward.

International Perspectives and the Role of LESI

We pivot the conversation to explore Dana’s role as Executive Director of LESI. Dana emphasizes the importance of fostering global dialogues on IP management and licensing. We discuss the success of international conferences and partnerships, like those between LESI and the European Patent Office, in promoting best practices and sharing knowledge across borders. We discuss the need for greater engagement and education among CEOs and boards of directors regarding the value of IP, and in particular the benefits that can be achieved by focusing resources, education and training on small and medium size enterprises (SMEs).

We also discuss LESI’s 2026 annual meeting, which is scheduled for April 26-29 in Dublin, Ireland. I will be attending and speaking, and I am looking forward to returning to Ireland!

Conclusion

My conversation with Dana offers a compelling look into the complexities and opportunities available for patent owners and innovators but frankly explores the challenges that await Squires at the USPTO. There is little doubt that this evolving landscape will require collaboration, adaptation, and foresight for the Trump Administration to shape a vibrant future for innovation generally and artificial intelligence (AI) specifically.

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