Bonum Certa Men Certa

Andrei Iancu's Firm Has a History Working With Trump, But Senate Says OK to Him Becoming USPTO Director

US Senate is still in rubber-stamping mode (even Sen. Claire McCaskill, who should certainly know better)

18 Senate Dems Who Should Turn in Their '#Resistance' Membership Cards
Reference: 18 Senate Dems Who Should Turn in Their '#Resistance' Membership Cards



Summary: Having lost its ability to actually assess and scrutinise Trump's picks (Neil Gorsuch for instance), US Senate just lets Iancu become the Director of the USPTO, without any scrutiny whatsoever

THE risk of conflicts and nepotism are high when working for a large firm/employer. Yesterday, for example, when Saurabh Vishnubhakat wrote this article about €§ 143 at the USPTO he was careful to disclose that he had been "advisor at the USPTO until June, 2015" (he emphasised upfront that his words should not be mistaken for the Office's).



The upcoming Director of the USPTO also has some questions regarding his appointment. As The Hill put it late last night:

Iancu is an intellectual property lawyer at the firm Irell & Manella, which once defended Trump, Mark Burnett Productions and NBC Universal in a case involving copyright claims over the reality TV show "The Apprentice."


We watched the process closely, only to realise that Iancu's potential issues weren't even raised in the meeting. What is even the point of an appointment process if nothing whatsoever is being scrutinised? It's like watching Senate reauthorising (and even broadening) mass surveillance for another 6 years. As one watcher put it: "49, 50, 51! Andrei Iancu just got Senate majority vote to become next @USPTO director. Zero no votes so far."

Trump nominated a person, then Senate voted 94-0. So much for "The Resistance". There's no opposition at all. Nothing substantial was even being asked. The first article about it seems to have come from Jan Wolfe, who recently gave a platform to patent extremists. The original and licensed copies thereof said absolutely nothing about the issues. To quote:

The U.S. Senate on Monday confirmed lawyer Andrei Iancu as the next head of the U.S. Patent and Trademark Office, clearing the way for him to lead an agency tasked with deciding who owns the rights to inventions in areas like software, pharmaceuticals, and medical devices.

The Senate voted 94-0 to confirm Iancu, 49, who was nominated by President Donald Trump in August.

[...]

Iancu is regarded as a “consensus pick” who will balance the rights of patent owners with the concerns of large technology companies often accused of infringement, said Robert Stoll, a lawyer at Drinker Biddle & Reath and former patent office official.

[...]

Iancu will succeed interim director Joseph Matal, who took over from Michelle Lee, a former patent lawyer at Google nominated by President Barack Obama to the position in 2014. Lee resigned in June 2017 following months of uncertainty about whether Trump would keep her in the position.


Did they even check and scrutinise the choice, or did they just take the word of Watchtroll-connected loudmouths like Robert Stoll? They're all patent maximalists. That's like asking oil companies for their opinion while passing a bill to un-tighten drilling regulations.

This patent microcosm 'mole' "has been welcomed by associations" of the patent microcosm, wrote Managing IP, quoting a bunch of them. Patent maximalist Dennis Crouch posted a fairly neutral comment, noting that "Iancu takes over from Joseph Matal who was instrumental in development and passage of the America Invents Act in his role as General Counsel of the Judiciary Committee under Republican Jeff Sessions."

Watchtroll said that "Joe Matal, who has been in charge at the USPTO in a quasi-Acting capacity is expected to ultimately become the next Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office."

Matal only became the leader after Watchtroll et al had bullied Michelle Lee (a scientist) out of her job.

So where are the actual voices of opposition? Any balancing act?

The CCIA wrote about Iancu early yesterday, in a post titled "Dear Director Iancu" before he was even confirmed! The CCIA is trying to pressure him on PTAB instead of attempting to antagonise the appointment (while still possible). To quote:

So, you’re Andrei Iancu, about to be the newly confirmed Director of the United States Patent and Trademark Office. What are the first things you put on your agenda?

I have some suggestions.

Eliminate Contingent Amendments



As an initial matter, the PTAB’s practice of allowing contingent amendments needs to end. Essentially, this allows patent owners multiple bites at the apple; if their first version of a claim isn’t patentable, well, they can try again with their contingent amendment.

It’s also contrary to the statutory language. The statute says that a patent owner can propose a “reasonable number of substitute claims.” Let’s engage in a little bit of statutory construction here. Substitute means, per Merriam-Webster, a “thing that takes the place or function of another.” What it doesn’t mean is an alternative possibility, or a backup that takes the place only when the first one fails. The statute says a claim that takes the place of another claim, and that’s exactly what should be allowed.

If a patentee would prefer an amended claim, let them make their substitution and show why that substituted claim is patentable. But they need to decide whether they want to stand on their claims or ask for different ones—allowing them to do both is contrary to the statute’s expressed intent and imposes unnecessary additional burdens on parties and the Board.


We certainly hope that things won't turn out as badly as we expect, but Iancu -- being loyal to the patent microcosm he came from -- is not likely to change things for the better. Already, under Matal, the costs of PTAB were raised (that was effective less than a month ago), thereby reducing access to a pretty essential procedure (IPR) that startups threatened by patent trolls must rely on.

Recent Techrights' Posts

SLAPP Censorship - Part 159 Out of 200: Telling Courts False Information and Spoon-feeding Them Insults, Hoping or Expecting Them to Repeat These Insults
When lawyers trick courts into repeating something false
"AGI" is Decades Old and It Never Found a Viable Business Model or Real, Actually Useful Use Cases
I keep reminding people of local firms (right here in Manchester) doing the same thing the media now calls "AGI"...
 
Northern Africa: GNU/Linux Measured at Around 5%
by Clownflare
PIPs and Lawsuits: On the Future of IBM Trying to Spit Out Its Own Staff at Minimal Cost
"I'd rather be laid off than be put on a PIP"
France: GNU/Linux Averaging at 7%, Peaked at 14% Today
When will 14% be the average?
Links 23/08/2026: Water Crises, Illegal Tariffs, and Carney Confronts US Over Patent Imperialism
Links for the day
Links 23/08/2026: Slop "Children's Stories Contain Bizarre Patterns" and "Butterflies at the One Garden"
Links for the day
Microsoft is in Double Trouble in Singapore
Android+GNU/Linux+ChromeOS are near 20%
The Slop Industry Bribed the Media to Pretend It Has Something New and Revolutionary. Now It Bribes Politicians Too. Anything to Avoid Scrutiny and Regulation.
borrowed money has long been used to bribe the media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 22, 2026
IRC logs for Saturday, August 22, 2026
Microsoft to Its Workers in April-May: You're Too Old, Go Away. Microsoft in August: Young People, Go Away.
What does this company even sell anymore?
Clownflare Data US-Centric
We are assuming that for national security reasons not many sites in Chinese (or based in China) outsource their traffic to Clownflare
Gemini Links 22/08/2026: Broken Car, Devuan, and Thundermail
Links for the day
Links 22/08/2026: Prince Harry, Elton John and Others Pay High Price for Frivolous Litigation in the UK
Links for the day
'Voluntary' Mass Layoffs at IBM/Red Hat
IBM does not want people to notice what truly goes on there
Another Round of GAFAM Layoffs, This Time Apple
Now Apple "is shutting down an entire Vision Pro team focused on developing gaming features for the mixed-reality headset."
Gemini Links 22/08/2026: The Bodyguard (1992), Minimalism, Backups, and IPFS
Links for the day
SLAPP Censorship - Part 158 Out of 200: Making Alliances With Men Arrested for Strangling Women Was Always a Terrible Strategy
They work for American slop companies
Links 22/08/2026: TikTok Settles With Feds, Harms Caused by Social Control Media Gaining Attention
Links for the day
New Data Shows Microsoft's XBox is Really Dying
XBox is a "burning platform"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 21, 2026
IRC logs for Friday, August 21, 2026
Sources-First Publication
Thank you for keeping us on track
Ubuntu is Not Linux
I was one of the first users of Ubuntu
Links 21/08/2026: Outrage Over Politicians Who Support Slop-Feeding Data Centres, "America Is About to Get More Expensive"
Links for the day
Gemini Links 21/08/2026: Rain Coming Back and "Small Internet"
Links for the day
Mass Layoffs at IBM, But Mostly in Secret (PIPs and 'Voluntary' Redundancies)
Gerstner laid off a record number of people; Krishna tries to find 'innovative' new ways to cause workers to leave
Slop-ware: Nobody Knows What Code Goes Into Linux and Most Developers Cannot Understand the Rust Code (Even If They Tried)
So nobody is in charge
The Slop Pyramid Scheme (Not Boon!) Isn't Good for GNU/Linux, Even If the Plagiarism Engines (Framed as "Training" or "Intelligence") Almost Always Run GNU/Linux
We need the slop pop - we need the bubble to pop
North America: GNU/Linux Measured at 13%-15% Every Night
many (north) Americans use GNU/Linux at home and are using it to access the Web in the small hours of the morning
Links 21/08/2026: "Silicon Valley’s Billionaire Cults Are Coming for Democracy" and "Who’s Raking it in as the National Debt Explodes?"
Links for the day
SLAPP Censorship - Part 157 Out of 200: What is a 'Defamation Troll'?
"Defamation Mill" also
Northern Europe Leads the Pack in Abandoning Windows After Threats Made to Greenland (Says Clownflare Data)
Clownflare has a vast trove of data, so it cannot be easily dismissed as pure nonsense
Clownflare: In Past 12 Months Microsoft Windows Fell From ~80% to ~75% on Desktops/Laptops in Asia
Microsoft is deep in debt
Secret Layoffs at Microsoft, Apparently More Sites Will Shut Down Entirely
vindicates us and serves to affirm what we've said for over a month
The State of Slopfarms About "Linux" in August 2026
The Web needs serious cleanup, which curation can help deliver
IBM Offers Workers Some Money to Fire Themselves, It's Called "Next Step" and It's Allegedly 'Extended' (Not Enough Fools Have Fired Themselves)
Will IBM executives - including the CEO - ever be held accountable?
£5 Million Unsolicited/Undisclosed Bribes and What That Means to British Politics
It still remains unknown (disclosure denied) who helps fund the £1 million lawfare against us
[Satire] Pocock, Binface & nobodies vs Farage: defamation before UK High Court
Reprinted with permission from Daniel Pocock
The IBM Censorship Team, PIPs (Silent Layoffs) in IBM Europe
There seem to be many de facto layoffs going on at IBM right there
SLAPP Censorship - Part 156 Out of 200: Brett Wilson LLP Becoming Wilson FC
Now acting almost like one-person shop (lots of staff has fled this past year)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 20, 2026
IRC logs for Thursday, August 20, 2026
Gemini Links 21/08/2026: "Ensmallening the BigWeb", "Rust Dependencies"
Links for the day