What Will Trump 2.0 Bring to U.S. Patent Practice, and How Will It Affect Patenting Strategies of International Companies, Including Those in Singapore?
12 Feb 2025
As Donald Trump was sworn in as U.S. President on 20 January 2025, his administration swiftly rolled out a series of executive orders, reinforcing strong trade and regulatory policies. Key measures included significant tariff hikes and a renewed focus on "America First" economic strategies. Yet, amidst these sweeping changes, patent law and practice remain largely untouched.
Patents play a critical role in driving innovation and maintaining U.S. global competitiveness. While specific policy shifts on patents have not been formally announced, early indications suggest that Trump’s second term could bring notable changes to U.S. patent practice.
Leadership Changes at the USPTO
The Trump administration is expected to adopt a more pro-patent stance compared to the previous Biden administration. The right USPTO leadership could drive significant growth, supporting entrepreneurs, inventors, and small businesses in their efforts to commercialize innovations. To sustain America’s position as a global innovation leader, the next USPTO Director should have firsthand experience with patents and an understanding of the unique challenges startups and individual inventors face. A leader with a background in emerging technologies and intellectual property strategy would be best positioned to support innovation across various industries.
On the day of Trump’s inauguration, Coke Morgan Stewart was sworn in as Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO. Until a new USPTO Director is confirmed by the Senate, she will likely lead the office, ensuring continuity in operations.
Interestingly, the administration’s decision to install a Deputy Director before appointing a Director deviates from the norm. Typically, the Director is nominated and confirmed before the Deputy is named. The early appointment of a Deputy Director suggests that the administration is prioritizing immediate influence over IP policy.
Potential Patent-Friendly Legislation
Several patent reform bills introduced in the 118th Congress in 2023 could be revived under the current administration. One notable proposal is the Patent Eligibility Restoration Act (PERA), which aimed to revise patent eligibility standards under Section 101 by eliminating judicially created exceptions and replacing them with express statutory exceptions. This legislation, if enacted, would significantly alter the patent landscape, particularly for software and life sciences patents, in areas such as advanced computer applications and medical diagnostics.
The passage of PERA would benefit companies in the biotech, pharmaceutical, and software industries by simplifying the process of securing patents currently challenged by eligibility issues in the U.S. Moreover, the shift from judicially created exceptions to express statutory limitations would likely introduce greater certainty into the patent system, as these statutory limitations are generally narrower and more clearly defined.
Operational Changes at the USPTO
Another major development under Trump 2.0 is an executive order signed on 20 January 2025, requiring federal employees to return to full-time, in-office work. For years, the USPTO has relied on remote working and flexible working arrangements to attract and retain patent examiners. While the administration’s directive reflects a broader preference for in-person government operations, enforcing this policy at the USPTO could create significant challenges. If the agency is compelled to eliminate remote work entirely, it may struggle with employee retention, potentially prolonging patent prosecution.
Although the full impact remains uncertain, companies seeking U.S. patents should anticipate potential delays in examination timelines and adjust their filing strategies accordingly.
Conclusion:
These potential developments in patents are not just significant for American innovators—they also have far-reaching implications for international businesses and foreign inventors. Businesses operating in global markets should adjust their patent strategies to stay ahead of changing U.S. policies. Key recommendations include:
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Early and Strategic Planning: With potential processing delays at the USPTO, companies should prioritize critical patent filings and plan submissions well in advance.
- Stay Informed and Adapt: Continuously monitoring legal developments and adapting patent strategies accordingly will be crucial. Companies in the relevant sectors such as biotech, pharmaceuticals, and software should remain vigilant about policy changes that may favor their specific industries.
Disclaimer: This posting is not intended to constitute or to be relied upon as legal advice. You should consult Singapore legal counsel if you require legal advice regarding Singapore patent practice.