Andrei Iancu vows to make section 101 guidance a priority
The nominee to become the next director of the US Patent and Trademark Office (USPTO), Andrei Iancu, has admitted the office could do more to clarify section 101 and has vowed to make the issue a priority.
Yesterday, November 29, the Senate Judiciary Committee held a hearing where Iancu and judicial nominees Fernando Rodriguez, David Stras and Stuart Duncan appeared.
Iancu, who is expected to be confirmed in 2018, was quizzed by the junior US senator from Delaware, Chris Coons. He asked what—if anything—the office will do about the “uncertainty” created by Supreme Court jurisprudence.
“It has introduced a level of uncertainty, but in the grand scheme of things, it is quite recent,” Iancu explained.
“The lower courts are still working through drawing the lines, and it is important to see how it develops.
“At the same time the office, though it has issued guidance on section 101, can do more. If confirmed, it will be my priority to work with the office, focus on section 101 and see what further guidance can be issued.”
Iancu had thanked President Donald Trump for his nomination before being questioned by Coons.
Coons asked Iancu about the post-grant review process, saying “it is criticised for being unfair to patent owners”.
The inter partes review (IPR) is at the centre of two Supreme Court cases, in which the oral hearings were heard earlier this week.
On Monday, November 27, the court heard arguments in Oil States Energy Services v Greene’s Energy Group, a dispute about the constitutionality of the IPR and one which could reshape the entire patent system.
Lawyers told WIPR that the Supreme Court is likely to rule that the IPR is constitutional.
“We have [had] experience with the post-grant system for five or six years, and I am aware of the criticisms,” Iancu responded.
“In some instances these are well founded, but we have to be careful, we have to be balanced. We have to be careful with statistics, but it is true that the system is criticised heavily, and that is important to note.
“If the inventing community does not have confidence in the IP system, investments do not get made and the economy doesn’t benefit. If confirmed, I look forward to looking at the history we have and working with those interested to drill down and identify what is reality and what can improve.”
You can watch the full hearing here.
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