Kathi Vidal returns to the Clause 8 podcast to talk about her first year as the Director of the US Patent and Trademark Office (USPTO). In an expansive conversation, Director Vidal talks about what she hopes to accomplish, explains and defends the current process for exploring and making changes to the patent system, and responds to criticisms regarding the state of the system. Even close observers of her time as Director are bound to be surprised by many comments she offers on this episode.
On this episode, Director Vidal and Eli discuss:
Offer to become Director & preparation for role
Big-picture vision & importance of listening to all stakeholders
How stakeholder input drove administration’s decision regarding standard essential patent (SEP) policy statements
Healthy state of America’s patent system & need for improvements on the margins
Negative impact of information that discourages use of patent system
Reliance of American companies on other jurisdictions to enforce their patent rights
Efforts to increase diversity of patent applicants, including efforts to expand pro bono programs
Weighing stability of patent system v. implementing change
USPTO’s willingness to pivot, pause, and extend
Are requests for comments (RFCs) destabilizing patent system?
Correct way to view USPTO’s RFCs – why you shouldn’t read too much into individual questions
Proposal to record examiner interviews
Coordination with USPTO labor unions
Indispensable role America’s patent system played in creation of the COVID-19 vaccines
How lack of patent eligibility for diagnostic tests impeded innovation for COVID-19 tests
Efforts of drug companies to make sure that those who needed COVID 19 vaccines got them
Message to independent inventors (who hear Molly Metz’s story)
Upcoming plan to solve for problems faced by independent inventors
“Patent troll” narrative – are there too many “bad patents”?
Reputation of the PTAB & desire of PTAB judges to get it right
Has the PTAB worked out as intended?
Purpose of new guidance & rulemaking regarding Fintiv discretionary denials
Approach to Director review & importance of independence of PTAB judges
Plan to solicit input regarding role of 3rd parties in PTAB proceedings
Need for more clarity regarding Section 101
Providing examiners with ability to do pattern recognition for Section 101 analysis
Selection of Commissioner for Patents Vaishali Udupa
Surprising alignment with America’s allies on innovation & IP issues
Advice on overcoming career setbacks
