The following statement is attributed to Kate Tummarello, Executive Director of Engine, regarding today’s nomination of Kathi Vidal as the next Under Secretary for Intellectual Property and Director of the U.S. Patent and Trademark Office at the Department of Commerce.
Statement:
“Engine congratulates Kathi Vidal on her nomination as the next Director of the U.S. Patent and Trademark Office. She would have an undeniable role to play in supporting the nation’s startups and stands to make important contributions that advance diversity in innovation and ensure the patent system works for all stakeholders. It is likewise critical the PTO prevent imbalanced policies that block progress, because we have seen how recent policy decisions have contributed to rapidly increasing rates of abusive patent assertion, growing litigation costs, and a drop in patent quality. We look forward to working with Ms. Vidal toward an inclusive, diverse, and equitable patent system that prioritizes quality and allows everyone across the country to innovate and contribute.”
Background:
Today, President Biden nominated Kathi Vidal to serve as the next Director of the PTO. Ms. Vidal is currently a partner at Winston & Strawn, and recognized as a leading patent litigator. Her nomination comes at a significant time in patent policy, and if confirmed, she would be only the second woman to hold the position.
The PTO Director can help spur innovation and contribute to economic growth and startup success. And, as we have noted, to fill this role the agency must prioritize quality—seeking to ensure only valid patents issue and protecting against the granting and enforcement of invalid patents. Indeed, especially as we recover from the pandemic, startups and small businesses are particularly vulnerable to abusive litigation that robs them of limited funding and resources. The PTO Director can, and should, also work to stem abuse of the system and engage all of the agency’s stakeholders—from patent owners and applicants, to entrepreneurs who only interact with the patent system when they are accused of infringing invalid patents, to the broader U.S public.
Importantly, Ms. Vidal has also been recognized for her efforts to bring greater diversity to the legal profession, for example promoting opportunities for more junior, diverse patent attorneys and serving on the Advisory Board to ChIPs—a non-profit advancing women in tech. It is difficult to overstate the value of diversity to innovation and entrepreneurship, and the PTO is among numerous federal entities that must mobilize to increase diversity and inclusion in the patent system.
Our startup ecosystem is a crucial part of U.S. innovation, and a PTO focused on quality and balance, responsive to all stakeholders, is a sturdy foundation for protecting their growth and success.
