Major Crossover Move: Michelle Lee Staying on as PTO Director?

The Hill and others are reporting that USPTO Director Michelle Lee will stay on as PTO Director under President Trump.  No official statement yet (perhaps because PTO Chief Communications officer Patrick Ross resigned yesterday).

 

 

39 thoughts on “Major Crossover Move: Michelle Lee Staying on as PTO Director?

  1. If you’re on Twitter, follow @PresidentialTrump. This person converts President Trump’s tweets…into something more “presidential”. For instance, the “Writing my inaugural address…” tweet becomes “Most inaugural speeches fade from memory. What you will remember is how I govern & the progress WE make under my leadership #willdomybest”.

  2. Question for Paul Morinville: when you pulled the lever for the orange maniac, did you feel like a real man for the first time in a long while?

  3. So Trump is set to repeal Obamacare while simultaneously promising lower costs and a better plan. Interestingly, he leaves Ms Anti-Patent in control of the USPTO and PTAB. If this doesn’t ignite the pharma v tech war, nothing will.

    1. <i.Ms Anti-Patent

      aka “Ms. Granted-More-Patents/Yr-Than-Any-Director-in-PTO-History”.

      But continue with your script, by all means.

      the pharma v tech war

      What are these two totally h0 m0genous industries fighting over on your planet?

      1. What are these two totally h0 m0genous industries fighting over on your planet?

        Talk about sticking your head in the…

  4. I heard that Lee wants to stay on specifically to make sure that Paul Morinville never gets another junky patent out of the office, ever.

    LOL

    Seriously, whether this rumor is true or not, that little meltdown was totally worth it. It’d be great if it was true, though, because Lee is probably a zillion times more competent than whoever Trump’s croneys might manage to pick. And that’s saying a lot because Lee still hasn’t put the lid down nearly tight enough on logic and information patenting. Presumably the Supremes will be setting the PTO straight (again) within the next 18 months.

    Also that Trump picture is hilarious. He exudes sooo much seriousness and intelligence! Probably all that’s on that’s on that paper is a message reminding him when to show up for his next scalp cleansing.

    1. While you b1tch and moan on this and other sites, other people actually go out and DO something with their lives. I’d rather take a hard-working, sometimes failure over a loudmouthed do-nothing complainer EVERY TIME. Trump. Lee. At least they are doing something, even if you disagree with what they are doing.

  5. Ed the Ned says Lee is switching sides. How about new rules on amendments for IPRs then.

    #dontbelieveEdtheNed

    1. Night the Light, if she switches sides, I think we can see new legislation along the lines of what I have previously proposed, either repealing IPRs or making them more like CBMs, where a court would have to refer the matter to the USPTO from a case regularly filed in court, and which would receive the decision of the PTAB as an advisory opinion. The SC has already ruled in Executive Benefits that such a procedure is constitution under both Art. III and the 7th Amendment.

  6. Gene Quinn: “Is Michelle Lee refusing to leave the PTO?”

    Yeah, that’s why she’s staying. It’s a sit-in. A protest. Hungry for power like Emperor Palpatine.

  7. If she is refusing to resign or withdrew resignation it’ll be so she can protect her muh victims.

    She wants to not let Trump’s appointee undo Tam by withdrawing the case or controversy before the supremes rule. Which they will if given the chance.

    “Shortly thereafter I was told that senior Obama officials were upset with what was happening at the Patent Office and that Lee had “gone rogue.””

    LOLOLOLOLOL.

    “The e-mail explains grievances with Director Lee and why this particular group of anonymous USPTO employees does not believe she should be allowed to stay on as Director.”

    That’s weird. Wonder what grievances?

    I guess it could be just that Trump has a lot of positions to fill and isn’t jumping to make a new nomination just yet. Still, that would make Lee one of the only Dems to stick around DC. Thousands more are out of work.

    Penny is def leaving.

      1. Lee is a Republican? MM must now be reconsidering this, “Lee is probably a zillion times more competent than whoever Trump’s croneys might manage to pick.”

        1. That’s what Hal Wegner said a few years ago when she came on as acting director. I cannot find the blog post where he said that, unfortunately.

            1. The link is a continuation story, and the reference to the “republican” is to a “prospective nominee.”

              Given this context, it is not a given that the particular “prospective nominee” that the reference “republican” is talking about is Lee.

              I would need to see the rest of the story.

        2. Lee is a Republican? MM must now be reconsidering this, “Lee is probably a zillion times more competent than whoever Trump’s croneys might manage to pick.”

          Why? Being a Republican isn’t per se a sign of incompetence. Heck, plenty of Republicans voted against Trump.

          Being a Republican who has been nominated by Trump, well, that’s another story.

      2. Interesting, that must be why her defending her muh victims is rather laid back.

        But perhaps that does mean she’ll be allowed to stay on.

  8. I do not know anything more than anyone else about whom Mr. Trump wants as PTO director. I think, however, that it is fair to suppose that Mr. Trump has not given more than ~5 min of thought to patents (most people—even most intelligent and well educated people—do not), and he really does not care who sits in the PTO director’s chair. I would not be surprised if he was content to keep her on simply because it would be one less boring stack of papers that he has to review and sign if he does not appoint someone else.

    As for Mr. Morinville’s fatuous complaint that “[t]his is not draining the swamp,” my only response is “are you kidding me?”. Mr. Trump has appointed Reince Priebus and Mike Pompeo and Michael Flynn and Elaine Chao and a hundred other up-to-their-neck-in-the-muck Washington D.C. insiders and it is Michelle Lee that prompts a reaction?!?

    Brother, Mr. Trump is draining the swap—straight into the White House lawn. Have you had your head stuck under a rock for the last four weeks, that you are only just now noticing that you have been had?

    1. “Brother, Mr. Trump is draining the swap—straight into the White House lawn.”

      Idk bro, his plans (put in writing on his website) to drain the swamp continue unabatted and unchanged. Just because there are people in washington that know washington and are involved in lobbying doesn’t mean they’re all as bad as say the people at the Clinton Foundation that recently just had to shut down their Global Initiative due to lack of donations (because surprise they couldn’t sell access anymore!). I’d say the swamp is half drained and he isn’t even in office yet.

  9. Dennis, I have also heard that Lee is switching sides and is now supporting the idea that patents are property. She may also see merit in the idea that the US patent system needs to credit invention in America and perhaps undo some of the damage of the AIA.

    If she has so switched her views, this is a welcome development.

    1. “Dennis, I have also heard that Lee is switching sides and is now supporting the idea that patents are property.”

      There can be no other rational viewpoint Ned.

  10. Apparently Michelle likes her position as one of the nation’s most powerful.

    MCM, Joy, and Patlex = this result.

      1. Somewhat meaningless until the CAFC en banc or the SCOTUS realigns patents for IP as property rights and not public rights.

        Until that happens, they remain public rights, no matter what the director says (and she will continue to answer to the E and L branches).

      2. from what I heard, she is switching sides

        Sounds like the same type of (empty) campaign promises of a certain president-elect…

    1. Apparently Michelle likes her position as one of the nation’s most powerful.

      This was good for a laugh. I hope that she is not growing lightheaded from all that “power.”

        1. Sure, she is orders of magnitude more powerful than am I. Still and all, that is not quite enough to fit one into the category of “one of the nation’s most powerful.” To prove this to yourself, ask yourself what discernible effect a person who was not a patent lawyer felt when in the Dudas to Kappos handover. Near as I can tell, the answer to that question was “none.”

          Power produces discernible effects on society. Justice Scalia or Chairman Bernanke produce waves. Secretary Geithner produced ripples. Director Lee produces vibrations only detectable with a highly sensitive seismograph. I produce no detectable effects at all.

          1. I’d respectfully disagree. The patent validity power carries real consequences for the current and future US (and perhaps global) economy.

            No, she can’t vote on the constitutionality of a gay marriage ban, but she can certainly put her thumb on the scale as to whether a particular patent is or is not valid.

            For a modern day tech based economy, influence of this variety is very substantial.

            1. Fair enough. If we were to line everyone in the country up in order of power, starting with the president at the front and my toddler at the end, we would each draw a line somewhere along that hierarchy and say “everyone north of this line is among the ‘most powerful.'” I would draw that line, evidently, a good bit further north than would you, but this is totally a personal preference. I cannot prove that you are drawing the line too far south, so I will not argue the point further.

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