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

Society Will Only Improve Owing to People Who Push Boundaries
Push boundaries with ideas and facts, not with forbidden language
 
Andy (Cyber Show) on His Teacher Who "Squeezed Every Last Drop Out of Life, With Gratitude, Humility, Generosity and Mettle"
Some call them "eccentric" and are dismissive about what they have to offer
Only 1.5% Oppose the European Patent Office's (EPO) Strikes and Other Industrial Actions Until 2027
Among those polled/surveyed (in a ballot)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 19, 2026
IRC logs for Friday, June 19, 2026
Gopher/Gemini Links 20/06/2026: Slop With Tcl/Tk and Nokia 770 Perishes
Links for the day
SLAPP Censorship - Part 111 Out of 200: Garrett and Graveley (the Latter Arrested for Strangling Women) Keep Ousting Their Collaboration in Litigation, Lawfare in a Foreign Continent
it's not law, it's just warfare disguised as "law"
European Patent Office (EPO) Series: Lobbying in Lisbon...
reappointment campaign lobbying has not been restricted to the "home front" in Portugal
Slop Making Its Way Into Terms Where It Does Not Belong
Hopefully by year's end Google News can successfully cull (and deprive of traffic) almost all slopfarms
Links 19/06/2026: Microsoft Patent Troll Intellectual Ventures in Europe, "World Cup of Internet Resilience"
Links for the day
Links 19/06/2026: Salesforce Data Thefts and GAFAM's Conspiracy Theories That Data Center Opposition is a Foreign Plot
Links for the day
Links 19/06/2026: The Retweeting Class and Data Centres as National Security Risk
Links for the day
Don't Attack the Wives (or Spouses) of Pundits/Activists/Journalists
We will be writing several series about this in the future
Internet Relay Chat (Shorthand IRC) is Still Growing
Contrariwise, social control media is waning
The Register MS Published a New Page With "AI" 21 Times in It. It Was Paid SPAM.
The former editor of the The Register MS admitted to me (directly) that he knew all this "AI" stuff was stupid hype
Murdoch's Wall Street Journal (WSJ) Associates Dependence on a Ponzi Scheme With "the Future"
Those ludicrous ads (disguised as rankings) from WSJ deserve scorn and ridicule
The XBox Story is Still Fast-Developing, the Layoffs Are Confirmed to be Happening Already (Mid-June), Just Not "Officially"
Workers have Microsoft have long braced for what is happening this summer and will accelerate further in two weeks' time
Fake News From Rupert Murdoch's WSJ Could Not Keep IBM From Sinking
"2026 Best Companies for the Future"?
To GNU, AV2 Adoption May be a Year If Not Years Away
The leap between versions means that there is fertile ground for incompatibilities
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 18, 2026
IRC logs for Thursday, June 18, 2026
Gemini Links 19/06/2026: "Born and Raised by the Internet", Fifteen Years in Gopher
Links for the day
Links 18/06/2026: Clown Computing Has Harmful Sound, Facebook "Must Face the Music (Infringement Litigation)"
Links for the day
Digital Sovereignty Discussed in the United Kingdom (UK)
Digital Sovereignty would be nice, but let's remember what contributes to it
IBM Adds Only More IBM Staff to the Fedora Council, They Like LLM Slop for Posting 'Articles'
It's like Canonical with Ubuntu, only worse
IBM Common Stock Down to About $250, It Was at $330 Just 17 Days Ago
Happy birthday IBM!
Microsoft's CEO Openly Admits XBox is Not Sustainable and Microsoft is Beginning to Admit Slop Isn't Working and Is Not Not Sustainable Either
Expect Microsoft cancellations next month (or later this month) to impact far more than XBox and some studios
EPO and Disabilities: Payments Allegedly Disabled
But people who do cocaine can claim paid "sick leave" (over 100,000 euros for no work at all) if the President sleeps with them
SLAPP Censorship - Part 110 Out of 200: Anti-SLAPP Reform Formally Advanced in the United Kingdom (UK) the Same Week the Serial Strangler From Microsoft (US) Does Forum-Shopping in the UK
The only language they understand is money. They don't understand privacy.
Links 18/06/2026: UK Social Media Ban for Minors, Finland Lifts a Nuclear Weapons Ban
Links for the day
'Article' With "AI" 27 Times in the Page, It's "Partner Content" (Paid Spam) as Usual at The Register MS
We deem this a timely reminder that a lot of the hype around slop is paid-for lies
Microsoft Layoffs Have Reportedly Already Started at ZeniMax
The overall scale is unknown
Cyber Show: "Our independence remains intact and we're set to continue relentlessly probing the world of digital technology with hard questions"
As one should
European Patent Office (EPO) Series: Leveraging the Lusitanian Connection
Mendonça no longer functions as an independent agent but rather as a fig-leaf for a mafia-like entity that prizes obedience over integrity and self-preservation over truth
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 17, 2026
IRC logs for Wednesday, June 17, 2026