Bonum Certa Men Certa

The US Patent Office (USPTO) Should Now be Headed by Drew Hirshfeld, a Patent Examiner Who Rose to the Top, Not a Lawyer Like Joseph Matal

Drew Hirshfeld
Reference: Drew Hirshfeld at USPTO



Summary: Donald Trump's Secretary of Commerce, Wilbur Ross, pushes to the top the patent microcosm rather than technical people who are equipped with the knowledge and experience to run the Office as well as Michelle Lee did

WE were sad to learn about Michelle Lee leaving (she was likely pushed out), but her initial successor -- even if only temporary -- was somewhat of a relief to us given some of the potential candidates. Drew Hirshfeld, given or based on his official biography, looked like a decent person and a scientist without any obvious conflict of interest. We may be wrong (something may be conveniently omitted from the public record), but he deserves the benefit of the doubt. Sadly, however, that did not last long. Apparently he wasn't enough of a "swamp" material for Trump's administration.



"Drew Hirshfeld, given or based on his official biography, looked like a decent person and a scientist without any obvious conflict of interest."Looking back at the past 3 weeks' information, having taken stock of some of the press coverage and specialised blogs like Patently-O, we would like to report as succinctly as possible about the situation at the USPTO, which sets the pace for patenting in the world (more so than the EPO, even before Battistelli ruined it).

"The former Google lawyer with a reputation for fighting 'patent trolls' resigned as head of US Patent office," said this report in its headline. We agree with this description of hers. We wrote over a dozen articles about her amid the witch-hunt and we are grateful for what she has done in the Office. She will be widely regarded among industry (maybe not the patent 'industry') as a good Director. Kudos for that!

"Apparently he wasn't enough of a "swamp" material for Trump's administration."TechDirt too wrote about her departure, calling it "Unfortunate" (in the headline). To quote the relevant bit: "She seemed to be doing a great job all around -- though patent trolls and the group of patent lawyers who love the trolls were campaigning about her -- and it appeared she would stick around. That would be a good thing. For all the craziness going on in the government right now, having competent leadership at the USPTO would be one less thing to worry about. But... now it's being reported that Lee has suddenly resigned and sent a goodbye email to staff. That's bad news on the patent front."

TechDirt then adds something about Trump: "As I type this, of the 559 key positions requiring Senate confirmation, Trump hasn't even named a nominee for 431 of them. That number rises to 456 if you include nominees who have been announced but not formally submitted. And that doesn't even get to the 63 nominations that haven't yet been confirmed. Adding the new USPTO director to that pile may mean no new USPTO director for.... who the hell knows how long."

So much for making things "Great" again...

"Coalition of Chaos" is what Brits might dub this.

"So much for making things "Great" again..."As Patently-O reminded us last month, there are ongoing cases involving Lee, e.g. Shore v Lee. Well, there's also SAS Institute Inc. v Lee, which goes to the US Supreme Court (SCOTUS) -- a subject we shall leave aside until another day or a later opportunity (it's would be a distraction to delve into it if USPTO leadership is our main focus right now).

There were also these "Remarks By Director Michelle K. Lee at the George Washington University School of Law". Here are the remarks on the Patent Trial and Appeal Board (PTAB): "What work lies ahead? Our top priority today is to make sure the Patent Trial and Appeal Board’s AIA proceedings are as effective and as fair as possible–within our Congressional mandate."

"Watchtroll is the leading source of personal attacks on Lee, including innuendo that she was corrupt in some ways."AIA and PTAB have been very good. Industry generally loves both. Not the patent 'industry' but the real industry. Watchtroll is already attacking PTAB (personal attacks) again, as many times before. It spend a lot of time, space, energy etc. also attacking Lee. We'll never forget what it did. It's quite a vandalistic site, seeking to enrich the patent 'industry' (like patent trolls) at the expense of everyone else and at the expense of science, technology, medicine etc.

Patently-O was actually quite disturbed by Watchtroll's style and wrote that "Mr. Quinn goes on at length about alleged personal unethical conduct, and makes some sharp accusations and personal attacks that I don’t want to leave any impression that I agree with."

Watchtroll is the leading source of personal attacks on Lee, including innuendo that she was corrupt in some ways. We are deeply disgusted to see IBM, for example, aligning with this terrible site. It says a lot about IBM...

As for IAM, it is making no pretenses about its motivations in the above case. Yes, the trolls' voice wants SCOTUS to rule for patent maximalism (which it probably won't). Lee won't be around to see the outcome (not at a professional capacity), but at least we now know who took/inherited her place, at least on a temporary basis (interim if not permanent upon confirmation).

"Lee won't be around to see the outcome (not at a professional capacity), but at least we now know who took/inherited her place, at least on a temporary basis (interim if not permanent upon confirmation). "Patently-O initially wrote, some time earlier this month: "There has been no word from the White House or Commerce Department on a successor. It is unclear to me at this point whether Tony Scardino (current acting deputy director) or Drew Hirshfeld (current Commissioner of Patents) will be tapped as Acting Director."

It then clarified by stating that Drew Hirshfeld is now the Acting Director of the USPTO. This sounded reassuring at the time, but then came some update from IAM and from Patently-O, saying (based on Trump's Secretary of Commerce Wilbur Ross) that Joe Matal is the USPTO Director in the meantime (interim).

"They should choose technical people (like Lee or Hirshfeld), not the likes of Battistelli."Lloyd, the software patents booster and pro-patent trolls spinner from IAM, bemoaned this (apparently a lack of 'sufficient' deform at the Office) and Patently-O soon clarified that it's a patent lawyer, not an examiner who is technical. It said. "join me in welcoming a lawyer into the PTO senior management."

This is bad. They should choose technical people (like Lee or Hirshfeld), not the likes of Battistelli. Enough of those lawyers!

Here is what Patently-O wrote:

But the skirting of guidance leading to Mr. Matal’s appointment isn’t one of those legal problems. I hope the Patent Bar will join me in welcoming a lawyer into the PTO senior management. Mr. Matal is a lawyer with recent stand-up court experience. I hope that he will translate his experience into infusing the PTO with an appreciation for the importance of procedure, and respect for rule of law, to fair and accurate decisionmaking.


He previously worked with the notorious Senator Jeff Sessions (AG under Trump), but he also was, according to his USPTO profile, "principal staff drafter and negotiator of legislation that became the Leahy-Smith America Invents Act."

His only academic background is a law degree. Not a good sign.

Recent Techrights' Posts

Rust's "Memory Safety" Talking Point Ought to be Discarded in Light of Fil-C
new memory-safe C/C++ compiler
IBM May Well Be Laying Off Over 13,500 and Up to 27,000 Staff This Week When It Says "Single-Digit Percentage of Our Global Workforce"
It's not yet possible to know how many people IBM gets rid of
Early Unverified Figures About Scale of Latest IBM Layoffs
the real scale of the RAs will remain elusive
How Techrights Search Works
Hopefully bots won't use it
Techrights Became a Lot More Productive as a Result of Attacks on It
By default, it's safe to assume anything on the Web is garbage, especially in social control media
Unverified Rumours: IBM Cuts Will Continue Another ~10 Days, Managers Will Invite Those Impacted for 1-on-1 Meetings
Right now IBM likes diversity because with adoption of low-paid demographies it gets to pay workers less for the same work
analytics.usa.gov: Vista 11 Scarcely Used, GNU/Linux Increasingly Dominant (Microsoft Loses "Goodwill", Depletes Cash Equivalents, and Debt Soars)
"Total current assets" fell by more than 2 billion dollars in the past 3 months
 
Telling Our Story as Victims of Online Abuse
This post will not mention any names
Claim That EPO Quotas Brought Corruption and Mischief to Europe's Second-Largest Institution
Nowadays corruption is the norm at the EPO and there is even rampant substance abuse among the people who run the Office
Claim That IBM Has Another 8 Days to Lay Off 'Expensive' Staff
The consensus in comments we see is, IBM is a terrible place to work in, treatment of its workers is appalling, it's utterly foolish to relocate in an effort to retain a job at IBM, and it's foolish to join the company in the first place
Science Demands Facts, Not Dogma
Saying that restricted hardware is not secure hardware should be common sense
Site Anniversary is Tomorrow
The celebrations might delay our EPO series somewhat
Launching Techrights Search
New search interface and locally hosted back end
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 05, 2025
IRC logs for Wednesday, November 05, 2025
Slopwatch: linuxbsdos.com, Linux Journal, LinuxSecurity, Brian Fagioli, and WebProNews
Either Google doesn't care about the integrity of Google News or it deems slop to be acceptable
Gemini Links 05/11/2025: Affirmation, GnuPG, and While Loops
Links for the day
Links 05/11/2025: Economic Trouble in France and US Bombing All Over the World Without Declaration of War or Congress Approving
Links for the day
Red Hat Staff Also Impacted by Latest IBM Layoffs With Focus on North America and Software, Infrastructure
After the bluewashing never expect to see news about "Red Hat layoffs", just as "Tivoli layoffs" aren't to be expected
Coming Soon: Part 4 About the EPO's Substance Abuse (Breaking Laws to Fake 'Production' and Profiting From Unlawful Monopolies)
Notice how quiet the EPO's management has been lately
For the Record: We Never Named Staff of the Law Firm That's Attacking Us, Except the One the Firm is Named After!
Just to affirm and be sure, I've used our new search facility
Links 05/11/2025: Medicare Privatisation and "Breaker Box Economy"
Links for the day
Techrights Search Will Come Early
Maybe tomorrow
It Seems Like GNOME/IBM Don't Like Women and When Budget is Limited Only Women Take the Fall
Seems like a very patriarchal, GAFAM-controlled Foundation
"Last Day" as in "IBM Sacked Me" (Cruel Euphemisms)
"The entire design and research technical leadership at IBM was laid off in the past year, including this round"
Shadow Crew and Ads Disguised as Articles
That The Register MS runs articles that are paid-for fluff isn't unprecedented
Vista 11 "Market Share" Has Fallen This Month, Based on statCounter
The US government's own data shows the same thing this month
This is How Mainstream Media, Boosted or Parroted by Slopfarms, Spins IBM's Commercial Failure and Mass Layoffs as "AI"
Some say "software focus", but most just resort to buzzwords and blame-shifting hype
Resisting Misogynists
Rianne has already added close to 100,000 pages to this site
Starting November on a Strong Note
All in all, this month started well for us as we have good, accurate publications with considerable impact
Fake Retirements Help IBM Keep the Layoff Figures Down
Yesterday we read that it was quite cruel how IBM (or Red Hat) compelled staff to pretend to be happily leaving or "retiring" when the reality was, they had been pushed out with some "package"
Cocaine at the European Patent Office Now a Subject in YouTube, Media Will Revisit the Topic
"The Cocaine Patent Office" is no joking matter
Gemini Links 05/11/2025: "Wuthering Heights" and "Winter is Coming"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 04, 2025
IRC logs for Tuesday, November 04, 2025
2 Days Until Site Anniversary Party, Search Likely to Launch Same Day
We're now just two days away from the nineteenth anniversary of the site
Not Only Mass Layoffs at IBM But Complete Shutdowns "Amid A.I. Boom"
apparently about 10,000 layoffs, not counting those who got pushed out by PIPs and other means
Richard Stallman's 2005 Article on Why Patents on Software Should be Denied
If patent law had been applied to novels in the 1880s, great books would not have been written. If the EU applies it to software, every computer user will be restricted, says Richard Stallman
"Last Day" at IBM and Red Hat as "Stealth Layoffs" (They Force People to Pretend It's Wilful)
So the real extent of the layoffs is being kept 'undercover'
Slopwatch: The WebProNews Slopfarm and the Serial Slopper
The Web is ill
Links 04/11/2025: Tensions Around Belarus Grow, Turkey’s Hype-inflation Continues
Links for the day
Corporate Media That Fails to Report Cocaine at EPO is Totally Failing to Report Mass Layoffs at IBM
How come nobody anywhere writes about this week's RAs?
Search @ Techrights: Almost There Now (Maybe an Anniversary Gift)
Just to be very clear, search would not be unprecedented at Techrights
At IBM, Layoffs Start at 1AM (at Night)
not a single English-speaking site covers the news about the layoffs
Links 04/11/2025: Google Cloud Account Engages in Censorship of the Innocent, arXiv Spammed by LLM Slop
Links for the day
EPO Cocaine Chronicles: Our Aim Will be to Ensure This Becomes a Mainstream Media Topic, Not a Suppressed Scandal (Which the German State Deems Embarrassing and Detrimental to Its Pan-European Patent Franchise)
At the EPO, and perhaps in German media as well, people "fall upwards" (they get rewarded for bad things)
Envy Makes People Do Self-Harming Things (and Harm to Others)
Online communities that can be deemed successful are built around trust, mutual respect, and collective accomplishment
Static Site Generators (SSGs) Made Techrights Better, Faster, Easier to Manage
Consider adopting SSGs if you still use a CMS such as WordPress
But he Was Born in Manchester! (Origin Stories)
Borussia Dortmund does not exist!
What Julian Darley Wrote About the Stallman Talk Regarding "AI" in Oxford (2025)
From LinkedIn (Microsoft)
GNU/Linux is American, Not Finnish
It started in Boston, not in Helsinki
'Hacker' 'News' Makes Dumb Assertions Against Smart People
A logical fallacy
We Turned Down Every Settlement Offer Because Truths Aren't Determined in Bank Accounts
Without free press, there won't be free society
"All truths are easy to understand once they are discovered; the point is to discover them." -Galileo Galilei
This site is educational
Why I'm Always Proud of the Site I've Devoted My Life to
As a graffiti around the corner from our home says, "be a better person"
Standing Up or Standing for What's True But Inconvenient
Bad actors need to be called out
Many People Have Said That They "Leave" IBM in Recent Days (Ahead of Mass Layoffs)
So the real extent of layoffs is greater than what's publicly stated (there are silent layoffs) [...] Whatever IBM says about the scope, scale, or magnitude of the "RAs", it doesn't tell the full story
Media Coverage Regarding IBM is Vapourware and LLM Slop
With slop images, too
statCounter Says GNU/Linux Rose to 4% in the Russian Federation
Adoption of Vista 11 has been embarrassingly weak
Corruption is Not a Joke
we'll try to limit our use of humour to avoid misunderstandings or misinterpretations
The Slopfarm WebProNews is Overwhelming "linux" Results in Google News
Google News is slop
The Fall of IBM: What Happened?
Just like the EPO continues riding some old reputation acquired in the 1970s IBM relies on old myths like, "nobody gets fired for buying IBM."
IBM's CEO Already Has the Excuse for the Latest Wave of Mass Layoffs
Only days ago the CEO told a bunch of nonsense
Links 04/11/2025: Conflicts, Politics, and IPv6 at Home
Links for the day
Gemini Links 04/11/2025: Entering WiFi Passwords and Programming Rambles
Links for the day
Arch Linux Seems Like the New Debian
Arch users (btw!) are growing in relative and absolute share
Analytics From US Government Affirm a Trend: Microsoft's "Market Share" in Search is Falling
the data set is large
Holding Institutions Such as the EPO Accountable Through Public Information
Speaking truth to power is never easy
Techrights Will Contact German Media About the EPO's Substance Abuse
This scandal won't "go to waste"
EPO Staff Losing Holidays, as Usual, as the Office Increases Profits by Illegally Granting Invalid Patents While Reducing Salaries
How much more can the staff endure and generally tolerate?
Free Software Does Not Always Speak for Itself, It Needs Advocates
Legal matters that relate to sharing of code will be discussed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 03, 2025
IRC logs for Monday, November 03, 2025
The Register MS Continues Looking for Money in Promotion of the "AI" Ponzi Scheme
That The Register MS participates in this deceit rather than tackle/debunk it says a lot about The Register MS
IBM Layoffs in "Software", This Likely Impacts Red Hat as Well
Many people say "software" people are impacted
Escaping Proprietary Software, Not Just Escaping Microsoft
To take control of your life adopt GNU/Linux
A Lot of Fake News About Microsoft Headcount (Also: Microsoft's Debt Rose by About 24 Billion Dollars in Past 12 Months)
If you see some headline about Microsoft's CEO making claims about hirings, look away
Techrights Turns 19 in Three Days
It would be nice to meet for a chat