Managing IP Winter 2021 is now live

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Managing IP Winter 2021 is now live

Kathi Vidal, who has been nominated for the USPTO director role

Read about Kathi Vidal, AI legal decisions, trademark piracy in China, and much more in our digital-only quarterly

To access the issue, click here

A new era beckons at the USPTO as Kathi Vidal, managing partner of Winston & Strawn’s Silicon Valley office, looks set to become the office’s next director. She would be just the second woman to have held the role in more than 200 years.

However, we are being made to wait – Vidal may have been nominated by President Joe Biden, but she won’t be confirmed until the Senate says so. At the time of writing, that date is unconfirmed, and in the meantime the USPTO remains without a permanent leader despite the capable efforts of acting director Drew Hirshfeld, who is also patents commissioner.

With former director Andrei Iancu having departed in January 2021, it could be at least a year before we know whether Vidal will be the next director. That seems far too long.

Nonetheless, she would be a strong pick, at least according to the lawyers we have spoken to. Her leadership, managerial and litigation prowess will stand her in good stead for the role, our sources say, with one even describing her as a “powerhouse”.

That’s not to say, of course, that there won’t be challenging times ahead (assuming she is confirmed). Her biggest challenge will be managing the political turmoil surrounding discretionary denials at the Patent Trial and Appeal Board and the director review mandate set out by the Supreme Court in US v Arthrex. She may also have to manage the implementation of the Restoring the America Invents Act, should it be enacted by Congress.

You can read more about Vidal’s nomination and the road ahead in the cover story of this issue, which is our first digital-only quarterly. As you may be aware, we announced in October that we would no longer be printing magazines and would instead focus on fully digital products. There were a number of reasons for this change, not least the environmental concerns associated with printing and distributing publications globally.

Having said that, we are still able to offer this excellent issue in PDF form – and beyond the cover story mentioned above, you can find an array of expert analysis articles as well as the usual local insights updates from around the world. We hope you enjoy all of the content we have to offer.

Our next issue will be published in early 2022. The big question, though, is will we have a new USPTO director by then?

 

more from across site and SHARED ros bottom lb

More from across our site

The opinion provides useful guidance when it comes to how courts might consider contributory infringement, DMCA claims, and other issues in AI copyright cases
Ericsson joining Avanci Video as a licensor and the EUIPO's plans for AI use were also among the top talking points this week
The 2025 EMEA ceremony, held at the Royal Lancaster Hotel in London, also recognised in-house practitioners and rising stars
Leaders at Malaysian law firm Skrine explain why cost remains a major pain point for Malaysian businesses and how client service can help a firm stand out
Wendy Heilbut of Heilbut LLP explains some of the hidden risks of using AI to help create a new brand
The law firms that signed an amicus brief in support of others under attack must be lauded, but more large firms should join them
Lisa Kobialka, partner at Kramer Levin, believes the combination will better position the group to work on multi-jurisdictional disputes
Senior members of Dentons Link Legal discuss how the firm’s integration with IP boutique Aumirah, and being part of the wider Dentons group, will help scale the firm’s IP practice
The court announcing it will follow the EPO on inventive step, a case with a Chinese element, and three big settlements were among the top talking points this fortnight
US firms have been on top of the lateral hiring market and performed strongly in Managing IP's Americas Awards and the IP STARS rankings, a trend that could continue this year
Gift this article