02.04.18

USPTO May Get a New Director Tomorrow, But It’s Not Good News

Posted in America, Patents at 10:01 am by Dr. Roy Schestowitz

Andrei Iancu

Summary: It is expected that Andrei Iancu (above) will become the Director of the US Patent and Trademark Office (PTO), probably late tomorrow, but why the silence on the likely impact he would have on the Office?

THE USPTO has been headless for a long time, except for its interim leadership (Director). Trump’s nominee is a cause for concern because he's from the patent microcosm, putting aside more personal aspects (such as him being born in the Soviet Union and being picked by Trump's official who is most closely connected to Putin's family); we don’t want to use the McCarthyist tactics, so instead we focus on Andrei Iancu’s professional background.

“The writings are on the wall and Iancu in this position would likely exacerbate things.”Is a private patent law firm about to ‘take over’? According to this, “[t]he USPTO should have a new director within the next few days. President Trump nominated Irell & Manella partner Andrei Iancu for the position last fall. A vote is now scheduled on the Senate Floor for late Monday. So far, no Senators have voiced any direct opposition to the nomination.”

Have any Senators bothered researching this matter? Have any corporations (or their front groups) bothered commenting on the matter? If not, why not? Are they just trying to be diplomatic in case he gets appointed? The writings are on the wall and Iancu in this position would likely exacerbate things. It’s bad enough as it is and it can only get worse after the PTO amassed many patents of questionable quality (reducing legal certainty).

“It’s bad enough as it is and it can only get worse after the PTO amassed many patents of questionable quality (reducing legal certainty).”It is worth noting, based on another new post, that while the EPO is a milking cow for Germany the USPTO is anything but (for the US). It’s cash negative (losses). “Several USPTO fees were modified in January 2018,” it says. “I’ll note here that the America Invents Act (AIA) of 2011 substantially expanded the USPTO’s fee setting authority. However, that authority is set to sunset in September of this year (2018).” In relation to taxes there’s more to be said. What will the USPTO be like for ordinary people unlike massive corporations, some of which use patents merely as a tax evasion mechanism? Vis-à-vis tax evasion, mind the new report below (from Switzerland). It covered Patent Boxes, which are infamous for their utility among very large tax evaders.

  • “Tax Proposal 17″, Consultation Procedure: Which Tax Incentives Are Still Available?

    Abolition of the privileged regimes (holding, mixed company, domicile company, finance branch and principal rulings):

    These special regimes, which are only applicable at cantonal level, will be abolished.
    Patent box

    Profits from patents and similar rights will be segregated from other profits and taxed at a lower rate at the cantonal level. The cantons can determine the amount of such relief, the maximum relief being 90%. The implementation of the patent box will be in compliance with the patent box as defined by the OECD. Profits stemming from patents and similar rights can be included in the patent box. Software as such cannot be patented according to Swiss laws and accordingly cannot benefit from the relief of the patent box. Computer-implemented inventions including software can however be patented in Switzerland and benefit from the relief. Additionally, software patented in foreign jurisdictions where this is possible may benefit from the relief.

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