The Future of the USPTO: Towards a Better Patent System *

The Future of the USPTO: Towards a Better Patent System *

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The United States Patent and Trademark Office (USPTO) plays a critical role in supporting the American innovation ecosystem, and issuing high quality patents that will drive U.S. innovation.  And for much of the history of the United States the U.S. patent system stoked the fire of creative genius by enticing creative persons to innovate by giving them incentive to do so in the form of a patent. Increasingly, however, once strong property rights, patents do not enjoy the same status or value as once upon a time.

Various proposals have been made for improving patent quality, ranging from the better use of AI in examination to providing better training and more time for examiners. But lurking is a concerning problem that signals unrest at the USPTO. Recent workplace rankings by USPTO employees in the Best Places to Work in the Federal Government, a little-known survey outside of the government, should be a red flag for supporters of our patent system.

With President Donald J. Trump reclaiming control of the Executive Branch, what can we expect for the USPTO? What will a second Trump Administration mean for the USPTO and the U.S. patent system? What will Commerce Secretary Howard Lutnick, who is himself a prolific inventor, mean for the USPTO and the U.S. patent system?

This panel will discuss what is currently happening at the USPTO, why it matters for the overall innovation ecosystem, and what can and should be done by the Trump Administration to improve the USPTO moving forward.

Survey

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Materials

Patents and the Future of the USPTO in Trump’s Second Term

Legislation is Good, But the PTAB Needs a More Immediate Overhaul

What Went Wrong and How to Fix the Patent System

Five Questions the New Commerce Secretary Should Ask When Vetting a USPTO Director

Let’s Take This Simple First Step Toward Better Quality Patents

How to Really Improve the U.S. Patent System: Support USPTO Employees