by Dennis Crouch
Yesterday, the Senate voted to confirm Howard Lutnick as Secretary of Commerce. Lutnick, has been CEO of Cantor Fitzgerald and a prolific inventor named on over 400 U.S. patents. Commerce has a wide coverage, including housing the USPTO.
Meanwhile, Dani Kass at Law360 is reporting that John A. Squires, currently a partner at Dilworth Paxson and former chief IP counsel at Goldman Sachs, is expected to be nominated as the next USPTO Director. Like Lutnick, Squires has extensive fintech experience.
The Director position requires presidential nomination and Senate confirmation under 35 U.S.C. § 3(a)(1). The statute specifically requires that the Director be a U.S. citizen with a professional background and proven ability in patent or trademark law. I expect that Sec. Lutnick will play a key role in advancing Squires’ potential nomination through the process.
Squires brings significant private sector IP experience to the potential role. At Goldman Sachs, he founded and led the investment bank’s intellectual property practice from 2000 to 2009. This was at the same time that Lutnick at CantorFitz was deeply involved on the technical side. Squires’ practice at Dilworth Paxson has continued to focus on emerging technologies including AI, blockchain, and fintech. He also previously helped to create the Fortress’ IP Investment group’s $4 billion.
Although Squires has not published his list, I expect that the following will be some of his focal points as he jumps into the fray:
- Ensuring the patent system is both accessible and valuable to small startups.
- Expanding patent eligibility through legislation, especially for Software/Fintech.
- Expanding the use of AI tools in the examination process to create a more efficient and predictable process.
- Reducing the backlog and patenting delays.
- Considering ways to link the patent system with national security.
The USPTO had expanded a number of DEIA related initiatives under Directors Iancu and Vidal. Those have been eliminated already and so are unlikely to be a focus of Squires’ tenure.