The Intellectual Property Owners Association (IPO) has sent a detailed letter to President-Elect Trump outlining its recommended qualifications for the next USPTO Director. [IPO-Recommendations-re-USPTO-Director-Qualications-and-cover-letter] Although I do not expect a nomination from the President until well after inauguration on January 20, transition teams are compiling and vetting short lists of potential candidates, and so the letter comes at an important time in the process. IPO President Krish Gupta (Dell) emphasized in the letter that the USPTO Director “should be a top-caliber individual with strong organizational management and leadership skills and in-depth knowledge of patent and trademark law and practice.”
Under 35 U.S.C. § 3, the Director must be appointed by the President and confirmed by the Senate. The statute requires that the Director “shall be a person who has a professional background and experience in patent or trademark law” (ideally both) and must perform duties in a “fair, impartial, and equitable manner.” These statutory requirements set a baseline, but IPO argues for qualifications well beyond these minimums.
IPO’s detailed recommendations focus on three key areas: intellectual property expertise, leadership experience, and policy capabilities. On the expertise front, IPO suggests a minimum of 15 years IP experience, with at least 5 years managing a large organization. The USPTO has a $3 billion budget and approximately 10,000 employees. Of course, IPO is led by corporate IP members, many of whom have substantial management experience – although typically on a much smaller scale in terms of direct oversight.
IPO recommendations align substantially with Professor John Duffy’s recent framework for evaluating potential nominees. His ideals do focus more on patent doctrines, including obviousness and eligibility. See Dennis Crouch, The Next USPTO Director: Duffy’s Four Factor Test, Patently-O (Nov. 30, 2024). IPO’s letter particularly emphasizes the need for the Director to “understand the business aspects of IP” and balance diverse viewpoints in policy decisions.
One notable aspect of IPO’s recommendations is the emphasis on international experience and diplomatic skills. The letter specifically calls for someone “capable of effectively taking the international stage in WIPO, EPO, JPO, and in other international agencies.” The letter also emphasizes technological competence, particularly regarding implementation of new solutions to improve USPTO operations.
Note: While IPO made their recommendations public, the actual selection process remains confidential. We will continue to monitor developments and provide updates as the nomination process moves forward.