A Leadership Change at the USPTO
On January 20, 2025, Coke Morgan Stewart was appointed as the interim Undersecretary of Commerce for Intellectual Property and the acting director of the U.S. Patent and Trademark Office (USPTO). This transition brings new opportunities and challenges for patent holders and inventors across the country.
Challenges Patent Owners Have Faced
For over a decade, the America Invents Act (AIA) and the introduction of the Patent Trial and Appeal Board (PTAB) have made it increasingly difficult for inventors to maintain patent rights. Data indicates that up to 80% of patents challenged before the PTAB have been invalidated. This has led many in the innovation sector — especially startups and early-stage entrepreneurs — to view the PTAB as a “patent death squad.”
Smaller inventors and businesses have been particularly vulnerable, as large corporations often have the resources to challenge patents aggressively. This imbalance has raised concerns that the current system discourages innovation rather than protecting it.
How USPTO Leadership Shapes Patent Outcomes
The policies set by USPTO directors have historically influenced the rate at which patents are invalidated. Former USPTO Director Andrei Iancu (2018–2021) implemented pro-patent policies such as the Fintiv rule, which allowed the USPTO to deny PTAB proceedings when a parallel case was already in district court. This helped reduce the invalidation rate at the PTAB to around 60%.
In contrast, under Director Kathi Vidal (2022–2024), the invalidation rate surged to 71% as the USPTO scaled back the Fintiv rule. This shift made it easier for patents to face challenges at the PTAB, creating uncertainty for startups and entrepreneurs.
What Stewart’s Appointment Could Mean for Inventors
With years of experience at the USPTO and a background in defending intellectual property rights, Coke Morgan Stewart’s leadership could signal a shift toward stronger protections for patent holders. Her history suggests she understands the importance of maintaining a balanced patent system — one that does not disproportionately favor large corporations over independent inventors.
If Stewart prioritizes policies that reduce unnecessary patent challenges, small businesses and startups could benefit significantly. Stronger patent protections would provide inventors with more confidence to bring innovations to market and attract investment without the looming threat of excessive litigation.
Why This Matters for Innovation
Patent stability plays a crucial role in fostering technological advancements and economic growth. With increasing global competition — particularly from foreign companies — ensuring that U.S. inventors have strong intellectual property protections is more important than ever.
If you’re an inventor or entrepreneur looking to protect your intellectual property, our law firm can help you navigate the evolving patent landscape. Book a free consultation today for expert guidance.