USIPA 2022: Vidal says policy now her focus

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

USIPA 2022: Vidal says policy now her focus

20221020123315_IMG_0688.JPG

In her keynote talk in Atlanta, the USPTO director said she wanted to update IP processes and guidance and help shape legislative and judicial rules on patent eligibility

After six months on the road travelling and getting input from stakeholders, USPTO director Kathi Vidal will now focus on policymaking.

The announcement came during Vidal’s keynote talk with AT&T intellectual property CEO Scott Frank at the USIPA’s first national conference in Atlanta yesterday, October 20.

“As we move forward, it’s going to be about policymaking, working on process, updating guidance, et cetera,” she said.

“We don’t just want to do that within the USPTO – we’re going to provide technical comment to Congress as they work on Section 101 and at the Supreme Court level on 101.

“If we can get the system to work better for everyone, that’s what we’re going to do.”

Vidal, who was nominated in October 2021 and became the USPTO chief in April, made pro-bono work her focus when she first took office.

She has already introduced policy change and started processes for policy alterations at the USPTO.

Vidal introduced updated prior art guidance for the Patent Trial and Appeal Board (PTAB) in June and announced that the office would revisit patent eligibility guidance in July.

The director also introduced guidance on Fintiv, the rule that compels PTAB judges to discretionarily deny institution on the basis that parallel district court proceedings will conclude first, in July.

Vidal added that the Global IP Alliance’s founding principles of collaboration, education and diversity and inclusion were fundamental in her mission to improve the IP system and get more people involved in it.

She said that like WIPO, the USPTO had signed at memorandum of understanding with the USIPA, setting out that the two organisations would collaborate on projects designed to improve the global IP ecosystem.

“GLIPA is brilliant. There are so many great ideas out there and we need to make sure there’s more collaboration and that we’re leveraging off each other to bring those to fruition faster.”

Frank, who is also the founder of the Georgia IP Alliance and US IP Alliance, officially launched GLIPA on Wednesday, October 19, after the organisation’s first board meeting.

Disclaimed: Patrick Wingrove is a board member of GLIPA

more from across site and ros bottom lb

More from across our site

Lucy Wheatley, partner at McGuireWoods, discusses the challenges of explaining trademarks to a jury and reveals a logistical hurdle she had to navigate
Law firms avoid strategy rethink after district court ‘reaffirms the value’ of a strong trademark
We discuss Kathi Vidal’s departure from the USPTO, how IP business Qantm is using its private equity investment, and the latest AI trends spotted by law firms
Sources say they have found the social media platform Bluesky to be a good place to post IP content, while others plan to watch the site closely
The USPTO’s internal ban on AI use, a major SEP ruling rejecting an interim licence request, and the EUIPO’s five-year plan were among the biggest talking points
Speaking to Managing IP, Kathi Vidal says she’s looking forward to helping clients shape policy when she returns to Winston & Strawn
AA Thornton and Venner Shipley’s combination creates a new kid on the block, but one which could rival the major UPC players
Amit Aswal explains why you should take on challenges early in your career and why the IP community is a strong, trustworthy network
Five members of Qantm’s leadership team, including its new managing director, discuss how the business is operating under private equity ownership and reveal expansion plans
In our latest UPC update, we examine an important decision concerning the withdrawal of opt-outs, a significant victory for Edwards, and the launch of a new Hamburg-based IP firm
Gift this article