As President Trump’s second administration begins, innovators may wonder what the shift in power means for patent protections. Taking into consideration Trump’s prior presidential term and his two political campaigns, it is likely that the IP landscape will change significantly. Patent seekers should anticipate lower thresholds for acquiring protection, although recent impacts on the federal workforce may leave offices short-staffed, impeding the operations of the United States Patent and Trademark Office (USPTO).

Panitch Schwarze attorney Julianna L. Hunt authored an article in The Legal Intelligencer examining these anticipated changes. She notes that the first Trump administration reduced the USPTO’s methods of patent invalidation and that the new USPTO deputy director Coke Morgan Stewart is expected to implement similar pro-patent reforms. Newly proposed legislation would introduce stronger penalties for IP violations, further enhancing the protections for patent owners. Trump’s Stargate Initiative also could encourage innovation by building AI data centers across the country and expanding development of AI technology.

However, changes to the federal workforce may prove to be an obstacle. Most of the USPTO’s skilled examiners work remotely, distributed across the country. Trump’s executive order ending remote work for federal employees may cause patent examiners who do not live near any federal office buildings to leave their jobs. It also may deter technically skilled workers from seeking positions as patent examiners, and the recent federal hiring freeze could further reduce the workforce.

All in all, patent applicants likely will find the way cleared for enhanced protections, but they should be aware of reduced capacity at the USPTO, which will further slow the already-lengthy process to secure patent protection.

Read the full article here: Reshaping IP Policy Under the Second Trump Administration (Subscription is required.)