by Dennis Crouch
With Donald Trump’s reelection, leaders within the Biden administration will be stepping down over the next two months. USPTO Director Kathi Vidal has announced her departure from the agency, effective in December 2024. Deputy Director Derrick Brent will serve as Acting Director during the transition period. Vidal’s announcement indicates that Brent will stay in the position until Trump’s replacement is confirmed. Of course, that position serves at the pleasure of the president and so could change at any point.
Brent’s offer to stay-on after January 20, 2025 fits with President Biden’s resent statement that the American people deserve a peaceful and orderly transition. In her resignation announcement letter to colleagues at the USPTO, Vidal asked that those who remain “stand ready to work with the incoming administration’s team.” This approach is exactly what is needed and fits the USPTO’s tradition of maintaining operational continuity through political transitions.
When I supported Vidal’s nomination back in 2021, I noted her strong qualifications: electrical engineering degrees, Penn Law Review EIC, Federal Circuit clerkship (Judge Schall), and extensive patent litigation experience. The key job of the USPTO director is to maintain the agency’s core examination functions, and Vidal is leaving the agency with a highly trained and motivated set of examiners, and a positive bank sheet. One hallmark of Vidal’s directorship has been her focus on expanding access to the patent system — implementing diversity initiatives designed to increase participation from traditionally underrepresented groups within the patent community. While these diversity initiatives may face an uncertain future under new leadership, they will likely have had a lasting impact.
Patent practitioners may remember Vidal’s tenure for her measured approach to post-grant proceedings — pulling back on some of the more pro-patentee stances highlighted by Dir. Iancu. Many patent owners continued to express concern about the harshness of the PTAB system. Despite these ongoing debates, the office maintained its operational effectiveness while implementing various procedural reforms. Vidal has also been involved in an expanded ‘crackdown’ on unauthorized practice of patent and trademark law — particularly those representing Chinese clients seeking more cost effective access to the U.S. patent system.
Vidal indicated that she will be returning to the private sector, but has not yet indicated what that means. Congratulations!
Good riddance. We need someone who is with the times on patent eligibility and actually able to provide guidance on patent eligibility with AI innovations.