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

Daniel Pocock as Independent Candidate, Now in The London Standard
"Daniel Pocock is an independent candidate."
Andy Burnham as National Leader Would be Excellent for Techrights
Burnham has envisioned a British "centre of power" (or gravity) that moves northwards, isn't concentrated in the southeast anymore
In Defence of Courts' Privacy Policies
If you want friends, go offline. Meet real people and share real experiences.
Why I Quit Academic Career (or Academia) Nearly 15 Years Ago
I am told by people who stayed that it has only gotten worse
EPO "Cocaine Communication Manager" - Part XV - Nazi-Like Thinking at the European Patent Office (EPO) Not a Thing of the Past
antisemitism inside the EPO
Daniel Pocock Running for Office Again, Clacton-on-Sea By-election
By-election - code name "Pocock-on-Sea"
Links 17/07/2026: Microsoft is Cutting OneDrive Coverage, Larry Ellison Sued by Paramount Investor
Links for the day
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 17, 2026
IRC logs for Friday, July 17, 2026
Gemini Links 18/07/2026: A Manifesto by The Dissident, Shokz Headphones, and Gemini Tinylog Reader (GTL)
Links for the day
IBM Already Tentatively Down for Next Week (Monday) After Its Worst-Ever Week
What a week for IBM!
Links 17/07/2026: Protests Erupt Throughout Ukraine and Anthropic Caught Secretly Spying on Users
Links for the day
Gemini Links 17/07/2026: "Silence Doesn't Mean Abandoned", Revisiting PalmOS in 2026
Links for the day
Farage Out, Daniel Pocock in?
Can Pocock beat his previous voting record?
Layoffs at Microsoft Are Massive, Go Under the Radar for the Most Part
Microsoft is in a really bad shape
One Heck of a Week for IBM, the 'Grandpa' of 'High-Tech', International Business Machines Corporation (NYSE:IBM) Under Investigation by Bronstein, Gewirtz & Grossman, LLC
If IBM gets busted or might be busted, will the CEO jump, get pushed, or be arrested?
“Why Open Source Misses the Point of Free Software”
As Dr. Richard Stallman once put it
GNU/Linux Grows at the Expense of Microsoft Windows in Croatia, Now Close to 8%
Croatia has been mentioned a lot lately in relation to EPO "lobbying" (vote-rigging)
27-Year IBM Veteran on IBM: "Worse than the Titanic and Perhaps Just Like Madoff, Enron, etc."
several comments we saw today envisioned the CEO of IBM in an orange suit (in US prison)
ServiceNow/ServiceLine and Slop at the EPO is Becoming a Health Risk to Staff
PD44 has historically been the oppressor at the EPO
IBM Can Burn Pensioners to Appease Wall Street and Protect the Billionaire CEO With His Humongous Bonuses
Its stock it set to open 2.82% in the red
IBM SHAREHOLDER INVESTIGATION: Potential Securities Claims Involving International Business Machines (IBM)
there's a risk of criminal action against executives
Tux Machines Moving Onwards and Upwards
"...tasks expand to fill the time available"
The Register MS is Publishing Spam for Gartner Group to Spread Hype About "AI", Mentioned 30 Times in the Paid (Fake) Article
One sure thing is, the so-called 'tech media' is profoundly compromised by American corporations
"Market Share" of GNU/Linux Nearly Trebled in Cambodia This Month
GNU/Linux is still measured at 8% by statCounter
GitHub is Dying (Traffic Down Despite Bots and Slop), Microsoft Will Eventually Cull it - Just Like XBox - to Limit the Losses
Do not stay on GitHub (Microsoft) under the false assumption that it is "free hosting" or will always be around
Teaser: Daniel Pocock is About to Go Mainstream Again
Stay tuned, Pocock has something in store
Microsoft Has Just Been Sued Over Layoffs
If the rumours are true, there is yet another wave of layoffs at Microsoft
Richard Stallman Always Cautioned, Upfront, That His Political Views Were Wholly Separate From His Scientific Work or GNU
Notice that he already spoke a lot about politics
Nichirei and Asahi Beer Need to Take Cyberattacks as Hint of Opportunity to Move to Free Software
Windows TCO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 16, 2026
IRC logs for Thursday, July 16, 2026
Gemini Links 17/07/2026: Sunlight in the Clouds, Techno-Therapy, and Sloppifying Original Text
Links for the day
Links 16/07/2026: Slop Recognised as a Waste of Energy, Hong Kong Cracking Down on Dissent/Opposition Some More
Links for the day
GNU/Linux Approaching 5% "Market Share" in Oceania, Almost Trebling in 12 Months
It is difficult to ignore the gains made by GNU/Linux this month
Microsoft Whistleblowers Explain How Brutal the Latest Cull is (Layoffs in Seconds-Long Calls, Mass Elimination of Whole Studios and High-Level Officials)
we see anonymous leakers or whistleblowers in the media today
Gemini Links 16/07/2026: esp32-gemserv, Slop-Contaminated Free Software, and Moving Systems
Links for the day
Last Summer Microsoft Mass Layoffs Came in Two Large Waves, Rumours Say Next Week Another Large Wave is Coming
If many more Microsoft layoffs are formally admitted next week we will not be surprised
Tomorrow is Another Strike Day at Europe's Second-Largest Institution, the Media is Still Deliberately Ignoring It
Fridays are now recommended “anchor days" for EPO strikes
Public Interest News Foundation Shows News Drought or News Deserts in the United Kingdom
Public Interest News Foundation shows that we should be deeply concerned
Illusions of Choice
Choices can be differently bad or equally bad
Windows Down to 10% in India
Windows is a "burning platform"
One Year Has Passed
Our aim is to repair an injured system wherein "abuse of process" can be turned into a weapon, leveraged even by foreigners who are funded by affluent third parties
Techrights is Annoying People Who Work for (and Serve) People Who Annoy (and Abuse) Society
Working against us (instead of with us) has historically been a bad strategy
No Skinnerboxes, No Slop, No False Idols or Corporate Prophets
Torvalds does not understand the everyday struggles of tech workers and tech users because he is a millionaire
IBM's Next Stop: $199 (Market Cap Already Under 2.5 Times IBM's Debt)
Don't rush to call us "sensationalist" over it
Links 16/07/2026: Solar Greenwashing by Energy-Wasting GAFAM and Growing Concerns About Harm by Social Control Media
Links for the day
Gemini Links 16/07/2026: Photography, Agility, and "Today I have Truly Become a Linux User."
Links for the day
Rebellion Brewing at Microsoft
As always, we welcome Microsoft whistleblowers
Technology Against Human Nature
Losing a sense of what it means to be alive
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 15, 2026
IRC logs for Wednesday, July 15, 2026