Posts Tagged: "Andrei Iancu"

There is growing speculation among Capitol Hill watchers that the Judiciary Committee may soon be ready to hold a nomination hearing to vet Iancu’s credentials to serve as USPTO Director, perhaps as soon as this month. Although there’s a strong chance that the hearing would focus on recent developments like the Allergan-St. Regis Mohawk Tribe patent arbitrage deal, the hearing will be the patent world’s first true glimpse into Iancu’s vision for the role of the USPTO in promoting America’s innovation economy… Some additional details have begun to emerge thanks to a public response to a questionnaire submitted by Iancu to the Senate Judiciary Committee. This filing and attached documents help to flesh out many of the details surrounding the patent attorney’s experience as well as his viewpoints on certain trends affecting patent system stakeholders as outlined in articles and speeches given by this individual.

One area the Office is reviewing is in the area of Examiner Time Analysis. The Office hasn’t changed the classification of applications (i.e., complex versus simple) in a substantive way since 1980, although there were some tweaks made in 2009. Unfortunately, in some fields of invention what was once considered complex is now simple, and what was once simple may now be complex. Cabeca gave an example of a trash can, which once upon a time would be considered very simple, but today it might have various electronics associated, lights, lifts, batteries, making it more complicated than a simple receptacle. Cabeca explained that the Office is reviewing this classification of applications, and what time should be given to examiners, but the Office anticipates that a top to bottom reassessment will take the Office up to two years to complete.

On Friday, August 25, 2017, the Trump Administration announced several nominations, one of which was the nomination of Andrei Iancu to be the next Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO). Sources had expected this announcement could have come as early as the beginning of July… The fact that Iancu represented TiVo, a patent owner, against big tech in Silicon Valley will undoubtedly lead to a warm reception in certain patent owner segments of the patent community. On the other side of the coin, Iancu’s work in the biotechnology sector will undoubtedly lead to a cold, if not hostile reception.

Conventional wisdom in patent political circles says Iancu, but the pro-patent community has long supported Phil Johnson, although not in a particularly vocal or effective way. With a Koch backed entity like the Taxpayers Protection Alliance getting involved there is no doubt Johnson’s chances have been enhanced. If other Republican donors, operatives and think tanks were to follow the deal that may have seemed like a done deal for Iancu might quickly become not so much a done deal after all. In other words, if pro-patent Republicans get off the bench to support Johnson there might just be a July surprise.

If the Washington, DC rumor mill is correct Commerce Secretary Wilbur Ross will soon announce that Andrei Iancu will be the next Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. Sources say an announcement could come as early as the beginning of July. Still, it has been difficult to determine whether those within the rumor mill, which have been in complete agreement on Iancu being the pick, is well informed or simply echoing what everyone else is saying. Regardless, at this point too many indicators are pointing toward Iancu being the pick, with rumors also circulating that he is currently being vetted by the Federal Bureau of Investigation (FBI).

Inside the beltway Matal is a well known entity, having served as a Staffer in the Senate and responsible for ushering the America Invents Act (AIA) through the Senate… we are hearing some say that Matal has no patent experience, which is simply not true. While we have not always agreed with Matal (particularly during the AIA debates) there is no doubt that he does have sufficient patent experience for the position, although not patent prosecution experience. Matal is likable, knowledgable, and has been a key assistant to several powerful Republican Senators. While the track record of Staffers coming to run the USPTO many not be great in the opinion of many patent practitioners, Matal taking over the Office in the interim should be well received by politicos who have wanted loyalists to be put in positions of authority at agencies.