The patent community often treats the Commissioner of the United States Patent and Trademark Office (USPTO) as the person responsible for setting and changing the agency’s patent policy. In this episode of the Clause 8 podcast, former USPTO Patent Commissioner Robert Stoll says it’s wrong. “Director autonomy is not what outsiders think of, who are unfamiliar with it,” he emphasizes. “It’s not your own voice. The PTO’s directors have to be involved in its management and push what’s going to be presidential policy. You have to be aware of it, rather than
Bob can draw on his 30+ year career with the USPTO to provide such insight. During that time he rose from Patent Examiner to Commissioner of Patents. As Commissioner, Bob helped former USPTO Director David Kappos implement the American Invents Act (AIA) and transform the way USPTO patent examiners work. Now out of government, Bob freely shares what happened during his time as an executive at the USPTO, why he stayed, and what he thinks about the current American patent system. He also shares his thoughts on various ongoing debates surrounding the patent system, such as the ‘patent troll’ narrative and the issue of ‘patent quality’.
In this episode, Eli and Bob also discuss Bob’s family’s deep roots in intellectual property law. Bob’s father was a patent attorney at LeBlanc Shur, and after working with legendary patent appeals attorney Don Dunner, Dunner joined Henderson’s Finnegan. Bob and most of his siblings followed in their father’s footsteps. His brother, Thomas Stoll, became a prominent senior counsel on intellectual property matters at the Capitol, and Tom’s wife, Kara Stoll, happened to leave Finnegan to become a judge on the Federal Circuit Court of Appeals. became. (On another coincidence, Kara Stoll interviewed me about Henderson’s first job in the patent industry at Finnegan).
The secret to Bob’s success is simple, but it has definitely been effective in his own career. “There are a lot of secrets. My main thoughts on success are: I mean, I really think that’s the key to success. Come in with a smile and be nice to everyone. You can screw it up, but being kind always makes me feel better, so do it! And I really think that’s the key to success.”
Bob also talks about how he has adapted to different regimes and different opinions. He explains that it was difficult at times, but he found a way to work within the system. “It’s very difficult to adjust. If you can recall, [former USPTO Director] John Dudas kept us in the Tafas situation, but I was hardly on that side. , it was hard having to draw the line. What I did was, during each iteration of various jobs, I constantly interacted with Burr, asking what Burr was interested in doing, and taking the lead as to which position I would take. “
By working within these attorney organizations, Bob provides advice on how to effectively influence the direction of patent policy.
