What does US Patent and Trademark Office (USPTO) Director Kathy Vidal think about the Molly Metz story? In a broad Section 8 interview, it is one of the only questions Vidal chose not to answer directly. While acknowledging that the system could bring improvements in various areas, Vidal made clear that he preferred to focus on positive stories about how the US patent system is the “gold standard.” I’m here. After all, Vidal goes out of his way to point out that America’s “strong patent system” provided his COVID-19 vaccine.
“Without a strong patent system, we wouldn’t have made it this far with vaccines,” says Vidal. “And then all the development on top of that, we needed patents so that companies could work together because if you don’t have patents people will keep things. [as] trade secret. They need to make sure they get a return on investment for all the great work they do. ”
In a positive spirit, Vidal says for all the work done by the same drug companies that created the vaccines, “make sure those vaccines are out there… in the hands of the people who need them.” For this reason, we are praising the same drug companies that created the vaccine.
But what about all the changes that make it easier to invalidate a patent before the Patent Trial Board (PTAB)? Vidal disagrees with that characterization. She argues that “statistics are quite different” and “encourages people to look beyond what they may see in the news”. To ensure clarity, Vidal repeatedly explained.
An independent inventor who heard about Molly Metz’s patent being revoked by the PTAB would not be satisfied with that explanation, but she listened to them and made the patent system more accessible to them. He makes it clear that he’s looking for ways to make it work better. [how the patent system] It could have worked better to their advantage. . I’m trying to work out what I think will help. And I think you’ll see it coming.
Vidal also noted recent comments from former USPTO Director David Kappos that the PTAB “doesn’t work” as intended, and noted that a spate of USPTO Requests for Comments (RFCs) “would have It’s destabilizing,” he said. it” and so on. Even those who closely follow Vidal’s time as a director will be surprised at the number of comments she offers in this episode.
episode highlights
[00:35] Work with impact: Eli welcomes Vidal back to the show and talks about how she was chosen to direct and why she accepted the offer.
[04:31] Blind spots: Vidal says one of his main goals in preparing for the role was talking to all the stakeholders. She shares what she learned along the way and how it influenced government decisions on Standard Essential Patent (SEP) policy statements.
[12:11] Field leveling: Vidal describes the current administration’s efforts to create a fairer IP ecosystem and how it builds on the work of previous administrations.
[22:51] you have the right to remain silent: Does the USPTO really consider recording interviews with examiners? Does POPA, the union of examiners, support this idea?
[33:24] PTAB discussion: Vidal addresses PTAB criticism.
[38:22] Director’s review: Vidal is the first Director to have the power to overrule the PTAB directly, how she thinks and uses that power, and whether it’s a good idea for the USPTO Director to have that power. is talking about
[42:33] Section 101: It’s time to revisit Section 101 inside and outside the USPTO, says Vidal. Vidal describes the plan for examiners to do “the same pattern recognition that courts do by looking at cases.”
[44:45] USPTO Leadership: Vidal explains why he chose Vaishali Udupa, a non-USPTO person, as the new Commissioner of Patents.
[53:47] Advice for Overcoming Career Setbacks Based on My Experience
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overarching goals
“We are doing everything we can to further improve the system. There’s a lot of information out there that might deter people from using IP systems, but it doesn’t. [work] for the national interest. ”
About the USPTO Diversity Initiative
“Right now, the number of women inventors on patents is between 12% and 13%. When we go out and meet people where they are, the percentage of women jumps to 41%. 30% American, 14-15% Hispanic, 5.6% Asian American and Native Hawaiian, 1.5% Native American, so we don’t have data on US patents, but that’s not the case. We know that when we go out, we meet people in our community through pro bono services and other services.Innovators are everywhere and they just need access.”
Viewing Negative Patent Stories
“There’s a lot of lobbying going on around intellectual property right now, so much talk being told and relying on the data they believe they have. My thoughts on that are – That’s fine, but we also need to spread positive stories.
On whether the inventor’s expectations are realistic
“I don’t think a massive adjustment is needed. I think getting people to get the right advice in the first place is getting the right counseling.” [is important]And if they can’t afford it, [it’s important] We will do whatever we can as a society to make sure they get it. ”
