A Leadership Change at the USPTO
On January 20, 2025, Coke Morgan Stewart was sworn in as the interim Undersecretary of Commerce for Intellectual Property and acting director of the U.S. Patent and Trademark Office (USPTO). Her appointment could signal changes in patent policy that impact inventors and businesses across the country.
The PTAB and Patent Invalidation Concerns
One of the most pressing issues facing U.S. patent holders is the high rate of patent invalidation by the Patent Trial and Appeal Board (PTAB). Established under the America Invents Act (AIA), the PTAB has earned a reputation for revoking patents at an alarmingly high rate — data indicates that up to 80% of patents challenged before the PTAB are ultimately invalidated.
This trend has raised concerns among startups and small businesses, who often lack the financial resources to defend their patents against challenges from larger entities. Many argue that the PTAB process disproportionately favors corporations that have the means to challenge patents repeatedly, creating a hostile environment for independent inventors.
How USPTO Leadership Impacts Patent Policy
Past USPTO directors have played a crucial role in shaping the landscape of patent protections. During Andrei Iancu’s tenure from 2018 to 2021, the patent invalidation rate at the PTAB decreased to around 60%, largely due to policies like the Fintiv rule, which limited redundant challenges in district court and the PTAB.
However, under Director Kathi Vidal (2022–2024), the invalidation rate climbed to 71%. Vidal rolled back the Fintiv rule and introduced policies that made it easier for patents to be reviewed and invalidated by the PTAB, creating uncertainty for inventors and startups that depend on strong patent protections.
What Can Inventors Expect Under Stewart’s Leadership?
Coke Morgan Stewart has a long history with the USPTO and has been involved in defending its decisions in federal court. Her background suggests she has a thorough understanding of patent law and the challenges that inventors face in securing and maintaining their intellectual property rights.
Many in the innovation and startup communities hope that Stewart will advocate for policies that strengthen patent protections. If she implements measures that prevent large corporations from exploiting the PTAB to invalidate patents unfairly, it could create a more balanced system for small businesses and independent inventors.
Why This Matters for the Future of Innovation
The appointment of Undersecretary Stewart comes at a pivotal time for American innovation. Ensuring that patent protections remain strong is essential for fostering entrepreneurship, attracting investment, and driving economic growth. If the new USPTO leadership prioritizes patent stability, it could encourage more startups and inventors to bring their ideas to market with confidence.
If you have concerns about your intellectual property rights or need guidance on the patent process, our law firm is here to assist. Book a free consultation today to discuss your patent strategy.