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USPTO's New Director, Squires, Outlines His Plans: Summarizing His Statements Regarding the Agency's Future Direction

John Squires, previously announced, has been officially approved by the U.S. Senate today. He is now set to become the next Under Secretary of Commerce for Intellectual Property and the Director of the United States Patent and Trademark Office (USPTO), following an approval vote for 48 Trump...

USPTO's New Leader Squires: Summarizing His Remarks Regarding His Planned Office Actions
USPTO's New Leader Squires: Summarizing His Remarks Regarding His Planned Office Actions

USPTO's New Director, Squires, Outlines His Plans: Summarizing His Statements Regarding the Agency's Future Direction

Newly Confirmed USPTO Director John Squires Emphasizes Strong Patents and Backlog Reduction

John Squires has been officially confirmed by the U.S. Senate as the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO). This confirmation comes at a decisive moment for American innovation and economic growth, according to Kristen Osenga, Chief Policy Counsel at the Inventors Defense Alliance (IDA).

During his confirmation hearing in May, Squires emphasized his goal of making patents strong up front. He believes that patents should be "born strong," including with respect to erroneously rejecting claims that should be issued. Squires also expressed the need for more transparency at the PTAB relating to the real parties in interest, which should be well received by patent owners.

One of Squires' key commitments is reducing the current USPTO backlog of patent applications. He suggested working with the U.S. Trade Representative (USTR) "to identify and eliminate from the system cases, especially foreign-filed that are overburdening the system."

In response to a question from Senator Adam Schiff (D-CA), Squires stated that he does not believe approximately 68 out of 100 U.S. patents that are currently in force are defective. Squires clarified his statements about the poor quality of patents during his written responses to the Senate Judiciary Committee in June.

Squires has been non-committal about keeping the policies in place regarding discretionary denials that have been implemented by Acting Director Coke Morgan Stewart, including the decision to rescind the 2022 memo by then Director Kathi Vidal that put at least temporary restrictions on discretionary denials. Stewart has taken measures that many feel are patent owner-friendly and aimed at restoring quiet title to patents.

The institution rate for inter partes reviews (IPRs) has dropped from 68% to 43% since the publication of a new rule. Squires has committed to investigating "patent thickets" with respect to the impact of pharmaceutical patents on drug pricing. He also emphasized his interest in using AI tools to improve patent quality and examination efficiency.

Squires has made it clear that he has no intentions to alter the PTAB's authority or restrict access to IPRs. In response to a question from Senator Chuck Grassley (R-IA), Squires stated that he prefers a "balanced approach." He agreed with Senator Thom Tillis (R-NC) that eligibility law is in need of clarity and "leading to a lack of American competitiveness."

Acting Director Stewart has denied institution on many dozens of petitions under her new interim procedure for PTAB workload Management. Squires committed to not using discretionary denial authority as previous Directors have in operating the PTAB. The confirmation vote was made as part of an en bloc vote on 48 pending Trump nominees, with a vote of 51-47.

Squires was confirmed by the Senate as the U.S. Attorney for the District of New Hampshire in 2023. He has committed to analyzing trends in PTAB proceedings against the relevant issued patent marketplace data to ensure a balanced and effective patent system. This commitment is expected to bring about positive changes for American innovation and economic growth.

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